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HARRIS v. UNITED STATES

No. 18821.

390 F.2d 616 (1968)

Robert HARRIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

March 15, 1968.

Attorney(s) appearing for the Case

Donald L. Schmidt, of McMahon, Kieffer & Schmidt, Clayton, Mo., for appellant.

John A. Newton, Asst. U. S. Atty., St. Louis, Mo., for appellee, Veryl L. Riddle, U. S. Atty., on the brief.

Before VOGEL, Senior Circuit Judge, and GIBSON and LAY, Circuit Judges.

PER CURIAM.

Since the argument in this case, recent Supreme Court decisions in Marchetti v. United States, January 29, 1968, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889, and Grosso v. United States, January 29, 1968, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed. 2d 902, have held that the wagering tax provisions of Title 26 U.S.C.A. may not be enforced by criminally punishing those individuals who have properly asserted...

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