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WILLINGHAM v. UNITED STATES

No. 18381.

289 F.2d 283 (1961)

A. C. WILLINGHAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

As Corrected on Denial of Rehearing June 2, 1961.

Attorney(s) appearing for the Case

Joe G. Fender, Gordon J. Kroll, Houston, Tex., Eastup & Kroll, Houston, Tex., of counsel, for appellant.

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

Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and CLAYTON, District Judge.

TUTTLE, Chief Judge.

This appeal from a conviction in a prosecution for an attempt to evade income tax presents the question whether the trial court erred in preventing the accused from showing that no taxes were due for the two prosecution years. The appellant does not here contest the sufficiency of the evidence to sustain a jury's verdict of guilty, based on testimony that he had wilfully set up fictitious expense deductions...

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