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JABEN v. UNITED STATES

No. 17566.

333 F.2d 535 (1964)

Max JABEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 9, 1964.

Certiorari Granted October 19, 1964.

Attorney(s) appearing for the Case

Bernard J. Mellman, St. Louis, Mo., made argument for appellant and filed brief with Morris A. Shenker and Emanuel Shapiro, St. Louis, Mo., and James Patrick Quinn, Kansas City, Mo.

K. William O'Connor, Atty., Dept. of Justice, Washington, D. C., made argument for appellee and filed brief with Louis F. Oberdorfer, Asst. Atty. Gen., Joseph M. Howard, Atty., Dept. of Justice, Washington, D. C., and F. Russell Millin, U. S. Atty., Kansas City, Mo.

Before VOGEL, MATTHES and RIDGE, Circuit Judges.

Certiorari Granted October 19, 1964. See 85 S.Ct. 150.

MATTHES, Circuit Judge.

Max Jaben (hereinafter called appellant) tendered a plea of nolo contendere to Count I of an indictment charging him with attempted evasion of income tax for the year 1956. The plea was accepted by the court (Judge Duncan), and thereafter judgment of conviction was entered. The indictment was filed on May 17, 1963, more than six years after the offense alleged in Count I had been...

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