UNITED STATES v. TONAHILL

No. 29426 Summary Calendar.

430 F.2d 1042 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. Joe H. TONAHILL, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied August 13, 1970.


Attorney(s) appearing for the Case

Richard B. Hardee, U. S. Atty., Beaumont, Tex., Johnnie M. Walters, Asst. Atty. Gen., Joseph Howard, Lee A. Jackson, Robert H. Purl, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Sander Shapiro, Donald S. Thomas, Clark, Thomas, Harris, Denius & Winters, Austin, Tex., Gilbert T. Adams, John G. Tucker, Beaumont, Tex., for defendant-appellee.

Before GOLDBERG, DYER and SIMPSON, Circuit Judges.


Rehearing Denied and Rehearing En Banc Denied August 13, 1970.

DYER, Circuit Judge:

The defendant was charged with three counts of willfully attempting to evade and defeat his individual income tax for the years 1960 through 1962 in violation of Section 7201 of the Internal Revenue Code of 1954. He moved to suppress from evidence oral statements he had made to treasury agents and documentary evidence seized by them, claiming that the evidence was illegally...

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