UNITED STATES v. IRWIN

No. 78-1394.

593 F.2d 138 (1979)

UNITED STATES of America, Appellee, v. John A. IRWIN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 21, 1979.


Attorney(s) appearing for the Case

Francis J. DiMento, Boston, Mass., with whom Henry D. Katz, and DiMento & Sullivan, Boston, Mass., were on brief, for defendant, appellant.

Charles E. Chase, Asst. U.S. Atty., Boston, Mass., with whom Edward F. Harrington, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


COFFIN, Chief Judge.

Appellant was convicted of two counts of tax evasion and two counts of subscribing to false returns. 26 U.S.C. §§ 7201 & 7206(1). Appellant now argues that the trial court erred in refusing to give a requested jury instruction and in giving an Allen charge after the jury had deliberated for less than five hours. We affirm.

During the years in question 1971 and 1972, appellant was self-employed as a sole practitioner...

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