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UNITED STATES v. O'DAY

Crim. A. No. 1242.

186 F.Supp. 572 (1960)

UNITED STATES of America v. Charles R. O'DAY and Sarah H. O'Day.

United States District Court D. Delaware.

July 22, 1960.

Attorney(s) appearing for the Case

Ralph Keil, Asst. U. S. Atty., for Dist. Delaware, Wilmington, Del., and Joseph S. Mangano, Sp. Asst. U. S. Atty., I. R. S., Office of Regional Counsel, Philadelphia, Pa., for plaintiff.

Robert W. Tunnell and John E. Messick (of Tunnell & Raysor), Georgetown, Del., for defendants.

STEEL, District Judge.

Defendants, husband and wife, were found guilty by a jury of having violated § 145(b), of the I.R.C. of 1939, 26 U.S. C.A. § 145(b), by willfully attempting to evade and defeat the Federal income tax imposed upon them for the year 1953.1 A motion for judgment of acquittal made at the close of all the evidence, was denied. Defendants now renew that motion and join with it under Rule 29(b), 18 U.S.C.A., an...

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