KERCHER v. UNITED STATES

No. 19323.

409 F.2d 814 (1969)

Kenneth A. KERCHER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 25, 1969.


Attorney(s) appearing for the Case

Theodore F. Schwartz, Clayton, Mo., for appellant.

Irvin L. Ruzicka, Asst. U. S. Atty., St. Louis, Mo., for appellee, Veryl L. Riddle, U. S. Atty., and Jim J. Shoemake, Asst. U. S. Atty., St. Louis, Mo., on the brief.

Before BLACKMUN, MEHAFFY and HEANEY, Circuit Judges.


BLACKMUN, Circuit Judge.

In a 10-count indictment Kenneth A. Kercher was charged with January 1968 violations of 18 U.S.C. § 287.1 Each count alleged that Kercher presented to the Treasury Department, for payment, a claim against the United States which he knew to be fraudulent. It particularized by stating that the defendant presented, through the District Director of Internal Revenue at Saint Louis, an income tax return in the name...

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