HOOKS v. UNITED STATES

No. 23484.

375 F.2d 212 (1967)

H. J. HOOKS, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 18, 1967.


Attorney(s) appearing for the Case

Marvin O. Teague, John Dyer Carlisle, Houston, Tex., for appellant, on appeal only.

James R. Gough, Asst. U. S. Atty., Houston, Tex., Richard M. Roberts, Act. Asst. Atty. Gen., Lee A. Jackson, Joseph M. Howard, Attys., Dept. of Justice, Washington D. C., Morton L. Susman, Woodrow Seals, U. S. Attys., Ronald J. Blask, Asst. U. S. Atty., Houston, Tex., for appellee.

Before WISDOM, COLEMAN and GODBOLD, Circuit Judges.


GODBOLD, Circuit Judge.

Defendant has appealed from a conviction on two counts of violation of 26 U.S. C.A. § 7206(1),1 relating to income tax returns for 1958 and 1959.

Defendant operated a small business as a sole proprietorship, selling at wholesale cigarettes, candy, gum and miscellaneous small items. A witness Doby was called by the government in an effort to prove purchases of cigarettes from defendant during a part...

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