CLARK, Chief Judge.
In this prosecution for attempted evasion of the income tax by the filing of false returns for the years 1952-1954, the jury returned a verdict of guilty, but recommended clemency. Thereafter Judge Byers imposed a fine upon defendant of $150 and sentenced him to six months' imprisonment, but then suspended the sentence and put him on probation for a year. The prosecution involves the failure of defendant, a waiter, to make proper return of gratuities...
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