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BARSKY v. UNITED STATES

No. 18865.

339 F.2d 180 (1964)

John BARSKY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 7, 1964.

Attorney(s) appearing for the Case

Thomas Whelan, San Diego, Cal., for appellant.

Thomas R. Sheridan, Acting U. S. Atty. for this case, Timothy M. Thornton, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, HAMLEY and DUNIWAY, Circuit Judges.

CHAMBERS, Circuit Judge:

Barsky has been convicted of filing false and fraudulent federal income tax returns for the years 1956, 1957, 1958 and 1959, four counts in all. On the first count, he was sentenced to a year in prison and a fine imposed. On the other counts, he was given probation for a term.

We think both parties would agree that if the conviction is good on one count, it is good on all: that if it is wrong on one, it is wrong on all. Stated another...

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