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UNITED STATES v. JOHNSON

No. 4.

319 U.S. 503 (1943)

63 S.Ct. 1233

87 L.Ed. 1546

UNITED STATES v. JOHNSON.

Supreme Court of United States.

Decided June 7, 1943.

Reargued October 12, 1942.

Attorney(s) appearing for the Case

Mr. Arnold Raum, with whom Solicitor General Fahy, Assistant Attorney General Samuel O. Clark, Jr., and Messrs. Sewall Key, Ellis N. Slack, Earl C. Crouter, J. Louis Monarch, and Gordon B. Tweedy were on the briefs, for the United States.

Mr. Floyd E. Thompson argued the cause on the original argument for respondents. Mr. William J. Dempsey was with him on the reargument, and Mr. Conrad H. Poppenhusen was with them on the briefs, for respondent in No. 4.

Messrs. Harold R. Schradzke and Edward J. Hess submitted on the reargument for respondents in No. 5. Mr. John Elliott Byrne was with Mr. Hess on the brief on the original argument.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

This is an indictment in five counts. Four charge Johnson with attempts to defraud the income tax for each of the years from 1936 to 1939, inclusive, and charge a dozen others with aiding and abetting Johnson's efforts. The fifth count charges Johnson and the others with conspiracy to defraud the income tax during those years. The substantive counts charge violations...

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