BENES v. UNITED STATES

No. 13825.

276 F.2d 99 (1960)

Elmer J. BENES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

March 21, 1960.


Attorney(s) appearing for the Case

Allen N. Corlett, Cleveland, Ohio, William A. Welty, of Roudebush, Adrion, Brown, Corlett & Ulrich, Cleveland, Ohio, on brief, for appellant.

James C. Sennett, Jr., Asst. U. S. Atty., Cleveland, Ohio, Russell E. Ake, U. S. Atty., Cleveland, Ohio, on brief, for appellee.

Before SHACKELFORD MILLER, Jr., and WEICK, Circuit Judges, and WILLIAM E. MILLER, District Judge.


WILLIAM E. MILLER, District Judge.

Appellant was tried in the court below upon an indictment in three counts charging that he wilfully and knowingly attempted to evade and defeat a large part of the income taxes owing by himself and his wife for the calendar years 1947, 1948 and 1949. The jury returned a verdict of not guilty as to the first count and guilty as to each of counts II and III. The defendant was sentenced for a period of five years on each of counts II...

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