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SHERWIN v. UNITED STATES

No. 18200.

320 F.2d 137 (1963)

Marvin SHERWIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 8, 1963.

Attorney(s) appearing for the Case

John V. Lewis and Richard H. Foster, San Francisco, Cal., for appellant.

Cecil F. Poole, U. S. Atty., and David R. Urdan, Asst. U. S. Atty., San Francisco, Cal., and Lawrence K. Bailey, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before POPE, BARNES and JERTBERG, Circuit Judges.

POPE, Circuit Judge.

The appellant in this case was convicted on all six counts of an indictment which charged him with offenses under 26 U.S.C. (I.R.C.1954) § 7201 and 26 U.S. C. (I.R.C.1954) § 7206(1).

The first three Counts, drawn under § 7201, were substantially identical except that Count 1 charged willful and knowing attempt to evade and defeat a large part of the income tax due and owing by the...

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