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UNITED STATES v. BUBLE

No. 26550.

440 F.2d 405 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Richard A. BUBLE, Appellant.

United States Court of Appeals, Ninth Circuit.

April 8, 1971.

Attorney(s) appearing for the Case

F. Edward Little (argued), of Baird, Holley, Baird & Galen, Los Angeles, Cal., for appellant.

Michael Heuer, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Howard B. Frank, Asst. U. S. Atty., Dennis E. Kinnaird, Chief, Fraud & Special Prosecutions, Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, BROWNING and WRIGHT, Circuit Judges.

PER CURIAM:

In this income tax fraud case there were two counts in the indictment. At issue were Buble's returns for the calendar years 1963 and 1964. Erroneously the indictment said the 1963 return was filed in April 1963 and the 1964 return was filed in April 1964.

Obviously, the literal figures made no sense. One must file his return after the end of the taxable year. The trial court amended the indictment to read that the 1963 return was filed in April...

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