On Rehearing En Banc April 11, 1974.
KOELSCH, Circuit Judge.
Appellant Garner appeals from the judgment convicting him of conspiring to violate federal gambling statutes.
To prove that appellant was engaged in the "business of betting and wagering," and essential element of the conspiracy as charged, the Government offered into evidence appellant's federal income tax returns for the years 1965 through 1967, on which appellant had reported gambling...
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