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WINKLER v. UNITED STATES

No. 5026.

230 F.2d 766 (1956)

George WINKLER, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

March 8, 1956.

Attorney(s) appearing for the Case

Walter F. Gibbons and Irving Brodsky, Providence, R. I., with whom Francis J. Kiernan and James F. Armstrong, Providence, R. I., were on brief, for appellant.

Joseph Mainelli, U. S. Atty., Providence, R. I., with whom Arnold Williamson, Jr., and Samuel S. Tanzi, Asst. U. S. Attys., Providence, R. I., and Burton L. Williams, Atty., Internal Revenue Service, Boston, Mass., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Rhode Island entered on May 20, 1955 which sentenced the defendant to imprisonment for a term of one year and to pay a fine of $5,000 after verdict of guilty by a jury.

The information filed by the United States Attorney charges "That during the calendar year 1951 George Winkler * * * had and received a gross income in excess of $600; that by...

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