LAYTON, District Judge.
Defendant, Joseph M. Donlon, has been tried by a jury upon an indictment in three counts, charging him with violation of the Federal Wagering Tax laws, 26 U.S.C., Sections 7201 and 7203. Count I charged the defendant with wilfully attempting to evade and defeat the excise tax upon wagers accepted by him in the month of June, 1964. Count II charged the defendant with wilfully attempting to evade and defeat the special occupational tax imposed...
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