United States v. John E. Mitchell

WINTER, Circuit Judge:

Found guilty by a jury of having made and subscribed a false individual income tax return for the 1969 taxable year in violation of 26 U.S.C. § 7206(1), 1 John E. Mitchell appeals. 2 Of the several contentions raised on appeal, we conclude that the district court erroneously failed to instruct the jury in two respects and that at least one of the errors, constituted reversible error. We reverse the judgment entered on the conviction and grant a new trial.

I

For the tax year in question, defendant was employed as a policeman for Arlington County, Virginia. In addition, he…