UNITED STATES v. FENDLEY

No. 74-3976.

522 F.2d 181 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. James Hall FENDLEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 14, 1975.


Attorney(s) appearing for the Case

James L. Martin, Richardson, Tex., for defendant-appellant.

Frank D. McCown, U. S. Atty., Ft. Worth, Tex., William F. Sanderson, Jr., Richard H. Stephens, Roger J. Allen, Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before TUTTLE, GODBOLD and MORGAN, Circuit Judges.


TUTTLE, Circuit Judge:

James Hall Fendley was convicted by a jury of tax evasion and filing a false tax return in 1967 in violation of §§ 7201 and 7206(1) of the Internal Revenue Code, 26 U.S.C. § 7201, 7206(1). The defendant appeals.

Fendley was found by the jury to have embezzled large sums from his employer, the National Western Life Insurance Company. Fendley failed to report any of the monies which he was found to have embezzled, and this...

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