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FLAHERTY v. UNITED STATES

No. 6574.

355 F.2d 924 (1966)

Martin J. FLAHERTY, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

Decided January 31, 1966.

Attorney(s) appearing for the Case

Francis J. DiMento, Boston, Mass., with whom Ronald R. Popeo and DiMento & Sullivan, Boston, Mass., were on brief, for appellant.

Edward F. Harrington, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE, Circuit Judge, and SWEENEY, District Judge.

ALDRICH, Chief Judge.

This is an appeal from convictions and a single sentence on a two-count information charging various wagering tax offenses. The second count is duplicitous, and should have been dismissed. Driscoll v. United States, 1 Cir., 1966, 356 F.2d 324. The first count charged a willful failure to pay the $50 special occupational tax. Defendant objects, inter alia, to the use at trial of certain statements made to the...

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