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UNITED STATES v. McCORKLE

No. 73-1084.

511 F.2d 482 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Charles D. McCORKLE, Jr., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 24, 1975.

Rehearing and Rehearing Denied April 1, 1975.

Attorney(s) appearing for the Case

Charles R. Purcell, William A. Barnett, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., Gary L. Starkman, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, CASTLE, Senior Circuit Judge, FAIRCHILD, CUMMINGS, PELL, STEVENS, SPRECHER and TONE, Circuit Judges.

Argued en banc December 10, 1974.

Rehearing and Rehearing En Banc Denied April 1, 1975.

CASTLE, Senior Circuit Judge.

Defendant Charles D. McCorkle, Jr. was convicted by a jury of willfully failing to file federal income tax returns for 1965, 1966 and 1967 in violation of 26 U.S.C. § 7203.1 The sole issue before the jury was whether McCorkle's failure to file was willful.

On appeal, a panel of this court reversed...

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