UNITED STATES v. NARDOLILLO

No. 5309.

252 F.2d 755 (1958)

UNITED STATES of America, Appellant, v. Angelo NARDOLILLO, Defendant, Appellee.

United States Court of Appeals First Circuit.

March 4, 1958.


Attorney(s) appearing for the Case

Joseph Mainelli, U. S. Atty., Providence, R. I., with whom Arnold Williamson, Jr., and Samuel S. Tanzi, Asst. U. S. Attys., Providence, R. I., were on brief, for appellant.

Jacob S. Temkin, Providence, R. I., with whom Christopher Del Sesto, Providence, R. I., was on brief, for appellee.

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


WOODBURY, Circuit Judge.

Our only concern at present is with a motion to dismiss an appeal of the United States in a criminal case on the ground of want of appellate jurisdiction.

The defendant-appellee, Nardolillo, was tried by jury in the court below on his plea of not guilty to an indictment in four counts charging him with wilful failure to pay taxes in violation of § 145(b) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 145(b). The jury...

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