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CLAY v. UNITED STATES

No. 15060.

218 F.2d 483 (1955)

Will Parks CLAY, Walter Jolly, Andrew B. Turk and Andrew Morris, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

January 12, 1955.

Attorney(s) appearing for the Case

T. Reese Watkins, Paul M. Conaway, T. A. Jacobs, Jr., Macon, Ga., for appellant.

Joseph H. Davis, Asst. U. S. Atty., Frank O. Evans, U. S. Atty., Floyd M. Buford, Asst. U. S. Atty., Macon, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.

PER CURIAM.

The appellants were convicted of willfully attempting to evade the wagering occupational tax imposed by § 3290 of the Internal Revenue Code1 on persons engaged in the business of accepting wagers, in violation of § 2707(c) of the Code, as made applicable by § 3294(c) thereof. It was stipulated that the tax was not paid, and, although appellants contend otherwise, the evidence2 was...

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