GOODRICH, Circuit Judge.
The defendant was prosecuted on two counts which charged him with knowingly and willfully failing to make and file income tax returns for 1953 and 1954. See Internal Revenue Code of 1939, § 145(a); Internal Revenue Code of 1954, § 7203, 26 U.S.C.A. § 7203. He was convicted on both counts and now appeals.
The only ground alleged in the appeal is the refusal of the trial judge
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