Legal Opinion

James L. Flemister v. United States

Court of Appeals for the Fifth Circuit

Decided October 31, 1958No. 16781PublishedCited by 19 opinions

1Opinion of the Court

TUTTLE, Circuit Judge.

This is an appeal from a conviction-for wilfully and knowingly attempting to evade and defeat United States income-taxes covering the years 1949, 1950 and 1951. The prosecution’s case was based' on the net worth and non-deductible expenditures method of proof.

The principal errors asserted by appellant are: (1) that the court erred in not granting appellant’s motion for a judgment of acquittal on Count One of the indictment (the year 1949) upon the ground that it was barred by the statute of limitations; (2) the court erred in not granting a motion for judgment of…

2Cases cited6 opinions

  1. Holland v. United StatesSupreme Court of the United States · 1955
  2. E. C. Lloyd v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  3. Joe R. Steele v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  4. Dan M. White v. United StatesCourt of Appeals for the Fifth Circuit · 1954
  5. United States v. JurzykowskiDistrict Court, N.D. New York · 1957

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. United States v. LemireCourt of Appeals for the D.C. Circuit · 1983
  2. United States v. BishopCourt of Appeals for the Fifth Circuit · 2001
  3. United States v. Noble C. BeasleyCourt of Appeals for the Fifth Circuit · 1975
  4. United States v. Joe Raymond Diez and Peter A. PaloriCourt of Appeals for the Fifth Circuit · 1975
  5. United States v. Robert SoblenCourt of Appeals for the Second Circuit · 1962

14 more not listed; retrieve them via the Exa API.

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