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HARTZOG v. UNITED STATES

No. 6847.

217 F.2d 706 (1954)

Gerard HARTZOG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 21, 1954.

Attorney(s) appearing for the Case

Elden McFarland, Washington, D. C., for appellant.

Irvine F. Belser, Jr., Asst. U. S. Atty., Columbia, S. C., (N. Welch Morrisette, Jr., U. S. Atty., Columbia, S. C., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

Gerard Hartzog (hereinafter called Hartzog) was convicted of criminal evasion of federal income taxes, in violation of 26 U.S.C. § 145(b), by the United States District Court for the Eastern District of South Carolina. Hartzog was indicted on three counts, one count for each of the years 1946, 1947 and 1948. He was acquitted on the 1946 count but found guilty on each of the other two counts. After the jury had returned its verdict and before...

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