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UNITED STATES v. ALTRUDA

No. 321, Docket 23462.

224 F.2d 935 (1955)

UNITED STATES of America, Appellee, v. Joseph B. ALTRUDA, Appellant.

United States Court of Appeals Second Circuit.

Decided August 2, 1955.

Attorney(s) appearing for the Case

Lorenz, Finn & Giardino, New York City, Joseph Lorenz, New York City, of counsel, for appellant.

J. Edward Lumbard, U. S. Atty. for Southern District of New York, New York City, Robert M. Pennoyer, Asst. U. S. Atty., New York City, of counsel, for appellee.

Before CHASE and MEDINA, Circuit Judges, and RYAN, District Judge.

RYAN, District Judge.

The defendant appeals from a judgment of conviction and sentence imposed following a jury verdict of guilty on Count 3 of a three-count indictment,1 filed on November 25, 1953, which count charged a wilful and knowing attempt to evade payment of income tax due for the calendar year 1947, in violation of Section 145(b), Title 26 U.S.C.

The trial judge, at the close of the presentation of the evidence dismissed...

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