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UNITED STATES v. MOODY

No. 16862.

371 F.2d 688 (1967)

UNITED STATES of America, Plaintiff-Appellee, v. John Burton MOODY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

January 27, 1967.

Attorney(s) appearing for the Case

Lucius E. Burch, Jr., Memphis, Tenn., for appellant, Tom Mitchell, Jr., Memphis, Tenn., on the brief, Burch, Porter & Johnson, Farris, Hancock & Mitchell, Memphis, Tenn., of counsel.

Odell Horton, Jr., Asst. U. S. Atty., Memphis, Tenn., for appellee, Thomas L. Robinson, U. S. Atty., Memphis, Tenn., Mitchell Rogovin, Asst. Atty. Gen., Joseph M. Howard, Atty., Tax Div., Dept. of Justice, Washington, D. C., on the brief.

Before EDWARDS and CELEBREZZE, Circuit Judges, and KALBFLEISCH, District Judge.

EDWARDS, Circuit Judge.

Appellant has twice been tried and convicted before a jury in the United States District Court for the Western District of Tennessee on a four-count indictment charging willful evasion of federal income taxes in violation of the Internal Revenue Code of 1954, § 7201. On appeal to this court, the previous conviction was reversed. United States v. Moody, 339 F.2d 161 (C.A.6, 1964). This court held that defendant...

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