BARNHILL v. UNITED STATES

No. 18183.

279 F.2d 105 (1960)

Susie BARNHILL, Howard Pinder, Sr., Howard Pinder, Jr., and Fredi Clarke, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 8, 1960.


Attorney(s) appearing for the Case

J. Edward Worton, Miami, Fla., for appellants.

Lloyd G. Bates, Jr., Asst. U. S. Atty., E. Coleman Madsen, U. S. Atty., Miami, Fla., for appellee.

Before HUTCHESON, JONES, and WISDOM, Circuit Judges.


WISDOM, Circuit Judge:

This singular appeal is a product of the legal paradox of imposing federal excise taxes on business activities regarded as criminal in most states.

Four professional gamblers pleaded guilty to evading federal gambling taxes.1 The district judge offered the defendants the choice between a jail sentence and probation carrying a condition that they give up gambling.2 They chose probation...

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