DiCESARE v. CHERNENKO

No. 8595.

303 F.2d 423 (1962)

Pasquale DiCESARE, Appellant, v. John CHERNENKO, United States Marshal for the Northern District of West Virginia, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 10, 1962.


Attorney(s) appearing for the Case

D. Paul Camilletti, Wheeling, W. Va., for appellant.

Robert E. Maxwell, U. S. Atty. (John H. Kamlowsky, Asst. U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, BRYAN and BELL, Circuit Judges.


ALBERT V. BRYAN, Circuit Judge.

The United States Commissioner did not have sufficient evidence to hold him to answer in the District Court for 1955 income tax evasion, Pasquale DiCesare averred in his application to the District Court for habeas corpus and release from the commitment. Finding the evidence adequate to establish probable cause, the Court dismissed the petition. Applicant appeals.

January 30, 1956 is the alleged date of the offense; January...

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