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UNITED STATES OF AMERICA v. IRVING

No. 11849.

241 F.2d 306 (1957)

The UNITED STATES of America v. James D. IRVING.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 14, 1957.

Attorney(s) appearing for the Case

Daniel D. Glasser, Chicago, Ill., for appellant.

Robert Tieken, U. S. Atty., Chicago, Ill., Charles K. Rice, Asst. Atty. Gen., John Peter Lulinski, William A. Barnett, Asst. U. S. Attys., Chicago, Ill., of counsel, for appellee.

Before FINNEGAN, LINDLEY and SWAIM, Circuit Judges.

FINNEGAN, Circuit Judge.

There is substantial evidence in this record to support the defendant Irving's conviction under § 145(b), Internal Revenue Code of 1939, 26 U.S.C. § 145(b). Numerous1 stipulations of defense counsel coupled with the government's evidence eliminates any question of whether the prosecution sustained its burden of proof. The judgment of conviction must be affirmed. United States v. Aman, 7 Cir., 1954,

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