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UNITED STATES v. COTTER

No. 7484.

425 F.2d 450 (1970)

UNITED STATES of America, Appellee, v. Howard J. COTTER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 1, 1970.

Attorney(s) appearing for the Case

Francis J. DiMento, Boston, Mass., with whom Richard M. Howland and DiMento & Sullivan, Boston, Mass., were on brief, for appellant.

Richard B. Buhrman, Atty., Dept. of Justice, with whom Johnnie M. Walters, Asst. Atty. Gen., Joseph M. Howard, Atty., Dept. of Justice, and Herbert F. Travers, Jr., U. S. Atty., were on brief, for appellee.

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

ALDRICH, Chief Judge.

The defendant Cotter, an employee of the Welfare Department of Springfield, Massachusetts and a lawyer engaged with an associate, one Mitchell, in the practice of law, was tried for income tax violations. Count 1 was for filing a willfully false return for the year 1961, in violation of 26 U.S.C. § 7201, Count 2 for the willful failure to file his 1962 return when due, in violation of 26 U.S.C. § 7203. He was found not guilty by a jury...

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