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HOWARD v. UNITED STATES

Nos. 22349, 22349-A.

397 F.2d 72 (1968)

Clinton B. HOWARD, Appellant, v. UNITED STATES of America, Appellee. Domenic N. MASTRIPPOLITO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 26, 1968.

Attorney(s) appearing for the Case

John J. Bradley (argued), Los Angeles, Cal., for appellant.

Gerald F. Uelmen (argued), Asst. U. S. Atty., David R. Nissen, Asst. U. S. Atty., Chief, Special Prosecutions Division, William M. Bryne, Jr., U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS and BARNES, Circuit Judges, and THOMPSON, District Judge.

BARNES, Circuit Judge:

Each of the above named appellants was charged with federal gambling tax offenses in a single two-count indictment. In count I Mastrippolito was charged with engaging in the business of accepting wages without paying, and attempting to evade, the occupational wagering tax imposed by section 4411 of the Internal Revenue Code of 1954, in violation of section 7201 of that Code. In the same count I, Howard was charged with aiding and abetting Mastrippolito...

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