UNITED STATES v. BURKHART

No. 74-1269.

501 F.2d 993 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Floyd E. BURKHART, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1974.


Attorney(s) appearing for the Case

John Kennedy Lynch, Cleveland, Ohio, for defendant-appellant.

J. Edward Friedland, Asst. U. S. Atty., Cleveland, Ohio, for plaintiff-appellee; Frederick M. Coleman, U. S. Atty., Robert R. Bauer, First Asst. U. S. Atty., Cleveland, Ohio, Scott P. Crampton, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., on briefs.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.


CELEBREZZE, Circuit Judge.

Appellant Floyd E. Burkhart was indicted on April 12, 1973, on five counts of wilfully and knowingly understating income tax due for the years 1966 through 1970, in violation of 26 U.S.C. § 7201. A jury found him not guilty on counts I, II, III and V, but convicted him on count IV, pertaining to 1969. This is a direct appeal from his conviction and sentence of ten days' imprisonment and a $3500 fine.

The Government introduced...

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