Legal Opinion

Joseph Decesare and Ralph Blackburn v. United States

Court of Appeals for the Fifth Circuit

Decided March 7, 1966No. 22528_1PublishedCited by 1 opinion

1Per curiam

Appellants seek to reverse convictions for willful failure to register for and pay to the District Director of Internal Revenue the special tax required of persons engaged in the business of accepting wagers (26 U.S.C.A. §§ 4411, 4412) in vio lation of 26 U.S.C.A. § 7203. None of the four attacks has any merit.

First, venue in the Middle District of Florida was obviously correct under F.R.Crim.P. 18 prescribing that “prosecution shall be had in a district in which the offense was committed. * * *and under the “general rule that where the crime charged is a failure to do a legally required act,…

2Cases cited11 opinions

  1. Ingram v. United StatesSupreme Court of the United States · 1959
  2. Lewis v. United StatesSupreme Court of the United States · 1955
  3. Johnston v. United StatesSupreme Court of the United States · 1956
  4. Robert McClure Jr., and Donald Gaxiola v. United StatesCourt of Appeals for the Ninth Circuit · 1964
  5. Albert Edwards v. United States of America, S. Frank Edwards v. United StatesCourt of Appeals for the Fifth Circuit · 1964

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3Cited by1 opinion

  1. United States v. James Dwayne WrayCourt of Appeals for the Eighth Circuit · 1979

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