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OERTLE v. UNITED STATES

Nos. 8032, 8033.

370 F.2d 719 (1966)

Charles M. OERTLE, Appellant, v. UNITED STATES of America, Appellee. Kenneth B. McCAGUE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 15, 1967.

Attorney(s) appearing for the Case

L. Karlton Mosteller and Robert B. Milsten, of Mosteller, Andrews & Mosburg, Oklahoma City, Okl., for appellant, Charles M. Oertle.

Robert S. Rizley of Crawford & Rizley, Tulsa, Okl., for appellant, Kenneth B. McCague.

John M. Imel, U. S. Atty. (Phillips Breckinridge, Asst. U. S. Atty., on the brief), for appellee.

Before LEWIS, BREITENSTEIN, HILL, SETH and HICKEY, Circuit Judges.

HILL, Circuit Judge.

Appellants appeal from a jury conviction on charges of attempting to evade the payment of excise taxes due the United States from the Oertle Wholesale Drug Company of Tulsa, Oklahoma.1

The indictment charged the two appellants jointly on nine counts and appellant Oertle separately on eight additional counts. The jury verdict convicted the two accused on all counts charged except count three which had been dismissed...

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