No. 565, Docket 29763.

352 F.2d 570 (1965)

UNITED STATES of America, Appellee, v. Franz BYRD, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 16, 1965.

Attorney(s) appearing for the Case

Mary M. Kaufman, New York City (Andrew R. Tyler, New York City, on the brief), for defendant-appellant.

Bernard W. Nussbaum, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and John E. Sprizzo, Asst. U. S. Atty., Southern District of New York, on the brief), for appellee.

Before LUMBARD, Chief Judge, and HAYS and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

From sometime prior to 1962 through February 14, 1964, when the appellant was suspended, he held a position in the Internal Revenue Service as a tax technician, usually called an office auditor. It was his duty to examine federal income tax returns to see whether or not they accurately reflected the tax liability of the person filing the return. On December 7, 1964, an indictment in three counts was returned against him. The first count charged...


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