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WHEELER v. UNITED STATES

No. 6366.

351 F.2d 946 (1965)

Thomas WHEELER, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

Decided October 26, 1965.

Attorney(s) appearing for the Case

John M. Doukas, Boston, Mass., with whom Maloney, Williams, Baer & Doukas, Boston, Mass., was on brief, for appellant.

William J. Koen, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., and Melvin B. Miller, Asst. U. S. Atty., were on brief, for appellee.

Before ALDRICH, Chief Judge, WATERMAN, Circuit Judge, and GIGNOUX, District Judge.

WATERMAN, Circuit Judge.

The appellant was convicted on four counts charging him with wilful evasion of the payment of federal income taxes. On appeal he assigns as error numerous rulings made by the trial court below. We regard one such assignment as dispositive, reverse the judgment of conviction, remand the cause for a new trial, and do not pass upon any of appellant's other contentions.

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