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MARIENFELD v. UNITED STATES

No. 14976.

214 F.2d 632 (1954)

MARIENFELD v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 10, 1954.

Attorney(s) appearing for the Case

Harry C. Blanton, Sikeston, Mo., and James A. Finch, Jr., Cape Girardeau, Mo., for appellant.

W. Francis Murrell, Asst. U. S. Atty., St. Louis, Mo. (Harry Richards, U. S. Atty., St. Louis, Mo., and Max H. Goldschein, Sp. Asst. to Atty. Gen., Department of Justice, on the brief), for appellee.

Before SANBORN, JOHNSEN, and COLLET, Circuit Judges.

COLLET, Circuit Judge.

Appellant was convicted of willfully attempting to evade his income taxes by filing a false income tax return for the year 1946. His defense was that the money received by him that year which he did not report was money he embezzled and hence was not his income. The trial court filed a memorandum opinion in ruling on the motion for new trial. In that opinion appears the following statement of many of...

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