MALONE v. UNITED STATES

No. 19276.

304 F.2d 878 (1962)

Floyd W. MALONE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 29, 1962.


Attorney(s) appearing for the Case

Jim L. Dye, Tallahassee, Fla., Zach H. Douglas, Eugene L. Roberts, Jacksonville, Fla., for appellant.

Clinton Ashmore, U. S. Atty., Edward L. Stahley, Richard W. Erwin, III, Asst. U. S. Attys., Tallahassee, Fla., for appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and SIMPSON, District Judge.


PER CURIAM.

This is an appeal from conviction of the appellant upon two counts of willfully and knowingly attempting to evade and defeat income tax due by him to the United States. 26 U.S.C.A. § 7201. The case was tried by the Court upon waiver of a jury.

The only questions raised on appeal are whether the trial court applied the correct standard in ascertaining whether the violation was willful and whether, if so, there was sufficient evidence of willfulness...

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