O'SULLIVAN, Senior Circuit Judge.
John J. Marra, M.D., was charged in a two-count indictment with violation of Title 26 U.S.C. § 7206(1)—making false income tax returns. Count I had to do with his return for the year 1965; Count II related to his return for the year 1966. He was convicted on Count I, and upon a jury's inability to agree a mistrial was ordered as to Count II.
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