BAIRD v. UNITED STATES

No. 5694.

250 F.2d 735 (1957)

Merton E. BAIRD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 12, 1957.


Attorney(s) appearing for the Case

Ben D. Browning, Salt Lake City, Utah, for appellant.

C. Nelson Day, Asst. U. S. Atty., Salt Lake City, Utah (A. Pratt Kesler, U. S. Atty., Salt Lake City, Utah, was with him on the brief), for appellee.

Before HUXMAN, MURRAH and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Appellant Baird was charged by information with the offense of wilful failure to file his federal income tax return covering the calendar year 1953. Upon his plea of guilty, he was sentenced to imprisonment for one year. The sole ground urged for reversal is the alleged failure of the trial court to afford him an adequate opportunity to make a statement in mitigation of punishment.

The information was filed on January 22, 1957...

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