BURKS v. UNITED STATES

No. 16947.

287 F.2d 117 (1961)

Oby BURKS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 1, 1961.


Attorney(s) appearing for the Case

Morris Lavine, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Robert J. Jensen, Timothy M. Thornton, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, BARNES and JERTBERG, Circuit Judges.


BARNES, Circuit Judge.

Appellant was one of twenty individuals indicted for conspiracy (18 U.S.C. § 371) (a) to accept wagers; (b) to evade the wagering occupational tax (26 U.S.C. § 4411); and (c) to evade the excise tax imposed by 26 U.S.C. § 4401, in violation of 26 U.S.C. § 7201.

The objects of the conspiracy alleged in Count I were to be accomplished through the conducting of a wagering pool or lottery commonly known as the "numbers...

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