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UNITED STATES v. CALHOUN

No. 77-5175.

566 F.2d 969 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Gerrold E. CALHOUN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 27, 1978.

Attorney(s) appearing for the Case

Jose E. Martinez, Miami, Fla., John L. O'Donnell, Jr., Orlando, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Myron C. Baum, Acting Asst. Atty. Gen., Tax Div., Gilbert E. Andrews, Chief, Appellate Section, M. Carr Ferguson, Asst. Atty. Gen., Robert E. Lindsay, James A. Bruton, Attys., Daniel W. Schermer, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before TUTTLE, CLARK and RONEY, Circuit Judges.

TUTTLE, Circuit Judge:

The defendant, Gerrold E. Calhoun, was indicted on two counts of tax evasion for the years 1969 and 1970, in violation of 26 U.S.C. § 7201,1 and two counts of failure to file income tax returns covering the same years, in violation of 26 U.S.C. § 7203.2 The jury was unable to reach a verdict as to Counts I and II, which embraced the tax evasion allegations, and those counts...

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