RUBENSTEIN v. UNITED STATES

No. 5120.

227 F.2d 638 (1955)

Irving M. RUBENSTEIN, also known as Irving M. Ruby, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

September 1, 1955.


Attorney(s) appearing for the Case

Isaac Mellman, Denver, Colo. (Gerald N. Mellman, Denver, Colo., was with him on the brief), for appellant.

Robert Swanson, Asst. U. S. Atty., Denver, Colo. (Warren Olney III, Asst. Atty. Gen., Robert S. Erdahl, Carl H. Imlay, Attys., Criminal Division, Dept. of Justice, Washington, D. C., and Donald E. Kelley, U. S. Atty., Denver, Colo., were with him on the brief), for appellee.

Before BRATTON and MURRAH, Circuit Judges, and WALLACE, District Judge.


BRATTON, Circuit Judge.

The present appeal in this criminal case presents for review the action of the trial court in denying without a hearing a motion to vacate and set aside the judgment and sentence.

The indictment contained two counts. The first count charged an attempt to evade and defeat income taxes and the second charged aiding and assisting in the preparation and presentation of a false and fraudulent income tax return. Appellant was found guilty...

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