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HARRIS v. UNITED STATES

No. 16773.

297 F.2d 491 (1961)

Otis HARRIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

December 27, 1961.

Attorney(s) appearing for the Case

Lewis E. Pierce, Kansas City, Mo., for appellant, Kenneth K. Simon, Kansas City, Mo., on the brief.

William A. Kitchen, Asst. U. S. Atty., Kansas City, Mo., for appellee, F. Russell Millin, U. S. Atty., Kansas City, Mo., on the brief.

Before SANBORN, MATTHES and BLACKMUN, Circuit Judges.

PER CURIAM.

Otis Harris was charged by indictment with having, "on or about December 4, 1960, and about two months prior thereto," carried on the business of a retail liquor dealer at Sedalia, Missouri, and having willfully failed to pay the special tax as required by law, in violation of Section 5691, Title 26 United States Code. On his plea of not guilty, he was tried to a jury, found guilty, and on April 7, 1961 sentenced to imprisonment for a period of two years...

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