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GREEN v. DISTRICT OF COLUMBIA

No. 3826.

221 A.2d 441 (1966)

Earl GREEN, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided July 5, 1966.

Rehearing Denied July 22, 1966.

Attorney(s) appearing for the Case

Carroll F. Tyler, Jr., Washington, D. C., for appellant.

John R. Hess, Asst. Corporation Counsel, with whom Milton D. Korman, Acting Corporation Counsel, and Hubert B. Pair, Asst. Corporation Counsel, were on the brief for appellee.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.

HOOD, Chief Judge.

Appellant was convicted under a multiple count information charging him with willfully attempting to evade payment of District of Columbia income taxes. He appeals on the sole ground that the taxing statute is unconstitutional. This same ground was the basis of a motion in the trial court to dismiss the information. That motion was denied by Judge Malloy in the following language:

The defendant, Earl Green, is charged with violating Section...

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