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BENHAM v. UNITED STATES

No. 14657.

215 F.2d 472 (1954)

C. G. BENHAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

September 3, 1954.

Attorney(s) appearing for the Case

Muckleroy McDonnold, San Antonio, Tex., George O'Brien John, Houston, Tex., Leonard Brown, San Antonio, Tex., for appellant.

Charles F. Herring, U. S. Atty., Thomas E. James, Asst. U. S. Atty., Austin, Tex., for appellee.

Before HUTCHESON, Chief Judge, RIVES, Circuit Judge, and WRIGHT, District Judge.

RIVES, Circuit Judge.

The appellant was tried upon an indictment containing four counts, each charging that he did wilfully and knowingly attempt to defeat and evade income taxes in violation of Section 145 (b), Title 26, United States Code. The indictment included two counts for each of the years 1946 and 1947, covering the separate returns filed by the defendant and by his wife. The jury found the defendant not guilty under...

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