United States v. Dominick E. Bartone

COMBS, Circuit Judge.

Appellant, Dominick E. Bartone, was found guilty by a jury on two counts of willful evasion of federal income taxes in violation of 26 U.S.C. § 7201. It was charged in Count I that he should have reported $202,693.25 taxable income in 1959, but reported only $7,167. It was charged in Count II that he should have reported $19,190.63 in 1961, but reported $10,400. He was sentenced to three years on Count I and to eighteen months on Count II, the sentences to run concurrently. Several grounds of error are assigned.

The facts relating to Bartone’s 1959 income are not…