FROHMANN v. UNITED STATES

No. 18576.

380 F.2d 832 (1967)

Jacob J. FROHMANN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 24, 1967.


Attorney(s) appearing for the Case

James Q. Brown, Clayton, Mo., Robert E. Johnson, of Krieg, DeVault, Alexander & Capehart, Indianapolis, Ind., for appellant.

John A. Newton, Asst. U. S. Atty., St. Louis, Mo., Richard D. FitzGibbon, Jr., U. S. Atty., St. Louis, Mo., on the brief, for appellee.

Before VOGEL, Chief Judge, and BLACKMUN and HEANEY, Circuit Judges.


BLACKMUN, Circuit Judge.

Jacob J. Frohmann, after a plea of not guilty, was tried in July 1966 and convicted by a jury on both counts of a two-count information charging him with violating 26 U.S.C. § 7203 in willfully failing to make federal income tax returns for the calendar years 1959 and 1960. Judge Meredith imposed a sentence of one year on each count and directed that the sentences be served concurrently. The defendant appeals.

Reversible error...

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