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UNITED STATES v. FERNICOLA

No. 15399.

361 F.2d 864 (1966)

UNITED STATES of America v. Anthony R. FERNICOLA, Appellant.

United States Court of Appeals Third Circuit.

Decided June 13, 1966.

Attorney(s) appearing for the Case

Michael A. Querques, Orange, N. J., and Benjamin Weiner, New Brunswick, N. J. (Querques & Isles, Orange, N. J., Benjamin Weiner, New Brunswick, N. J., Harvey Weissbard, Orange, N. J., on the brief), for appellants.

Richard A. Levin, Asst. U. S. Atty., Newark, N. J. (David M. Satz, Jr., U. S. Atty., Newark, N. J., on the brief), for appellee.

Before KALODNER and HASTIE, Circuit Judges, and WRIGHT, District Judge.

PER CURIAM:

Following a jury trial, defendant was found guilty on a three-count Indictment charging him with "wilfully and knowingly attempting to evade and defeat a large part of the income tax owing by him and his wife" for the years 1955, 1956 and 1957, and "filing and causing to be filed * * * a false and fraudulent joint income tax return" for the years stated.

Since the Government was unable to obtain from the defendant books or records of his medical...

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