UNITED STATES v. STONE

No. 29101 Summary Calendar.

431 F.2d 1286 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. S. Montague STONE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 21, 1970.


Attorney(s) appearing for the Case

S. Montague Stone, pro se; Alan E. Weinstein, James J. Hogan, Cohen & Hogan, Miami Beach, Fla., for defendant-appellant.

William A. Daniel, Jr., Miami, Fla., Johnnie M. Walters, Asst. Atty. Gen., Joseph M. Howard, Richard B. Buhrman, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellee; Robert W. Rust, U. S. Atty., Lloyd G. Bates, Asst. U. S. Atty., of counsel.

Before JOHN R. BROWN, Chief Judge, MORGAN and INGRAHAM, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Dr. Stone was convicted in a jury trial on three counts of willfully attempting to evade his income tax for the years 1962-1964.1 Appellant here urges his conviction be reversed because [i] the evidence of willful tax evasion is insufficient to support the verdict; [ii] the Judge committed plain error by asking Appellant a question that manifested the Court's belief in his guilt; and [iii] the District Court...

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