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BALLANTYNE v. UNITED STATES

No. 18700.

293 F.2d 112 (1961)

Ray C. BALLANTYNE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 11, 1961.

Attorney(s) appearing for the Case

Louis W. Graves, Jr. (on appeal only), Joseph Cash, Houston, Tex., for appellant.

R. F. Wheless, Jr., Asst. U. S. Atty., William B. Butler, U. S. Atty., F. L. Hartman, Asst. U. S. Atty., Houston, Tex., for appellee.

Before HUTCHESON, RIVES and WISDOM, Circuit Judges.

Rehearing Denied October 11, 1961. See 294 F.2d 958.

HUTCHESON, Circuit Judge.

Charged in an indictment in two counts with willful evasion of income taxes for the years 1953 and 1954, and convicted on both counts, defendant has appealed. Assigning many errors, including that of denying appellant's motion for judgment of acquittal for want of evidence, appellant presents as his primary claim that the court misconceived the...

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