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McDONALD v. UNITED STATES

No. 5496.

246 F.2d 727 (1957)

Joseph S. McDONALD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 22, 1957.

Writ of Certiorari Denied October 28, 1957.

Attorney(s) appearing for the Case

Bryant H. Croft, Salt Lake City, Utah (Earl P. Staten, Salt Lake City, Utah, was with him on the brief), for appellant.

C. Nelson Day, Asst. U. S. Atty., Salt Lake City, Utah (Charles K. Rice, Asst. Atty. Gen., Joseph M. Howard, Atty., Dept. of Justice, Washington, D. C., and A. Pratt Kesler, U. S. Atty., Salt Lake City, Utah, were with him on the brief), for appellee.

Before HUXMAN, PICKETT and LEWIS, Circuit Judges.

Writ of Certiorari Denied October 28, 1957. See 78 S.Ct. 95.

HUXMAN, Circuit Judge.

Appellant Joseph S. McDonald was tried in the United States District Court for the District of Utah on a three count indictment charging violations of 26 U.S.C. § 145(b),1 (income tax evasion). He was acquitted on counts one and two and found guilty on count three. A sentence of eighteen months' imprisonment and a fine of $10,000 was imposed...

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