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UNITED STATES v. MITCHELL

No. 7614.

432 F.2d 354 (1970)

UNITED STATES of America, Appellee, v. Christopher C. MITCHELL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

As Amended October 22, 1970.

Attorney(s) appearing for the Case

Charles F. Choate, Boston, Mass., with whom Mark A. Michelson, and Choate, Hall & Stewart, Boston, Mass., were on brief, for appellant.

Carleton D. Powell, Atty., Dept. of Justice, with whom Herbert F. Travers, Jr., U. S. Atty., Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, and Joseph M. Howard, Attys., Dept. of Justice, were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Appellant was convicted of wilful failure to file income tax returns in violation of 26 U.S.C. § 7203. In the course of the investigation which resulted in prosecution, Special Agents of the Internal Revenue Service interrogated appellant on several occasions. On none of these occasions was he under arrest. The I.R.S. Agents gave Mitchell no warning of his fifth or sixth amendment rights or even of the fact that he was being investigated...

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