John Dececco v. United States

ALDRICH, Circuit Judge.

This appeal raises only one substantial question. 1 The defendant was convicted following a jury trial, on a two-count information charging the failure to pay the special occupational (wagering) tax in violation of 26 U.S.C. §§ 7203 and 7262. The record appendix shows that the defendant presented evidence in his defense, but none to the effect that he had paid the tax. The de fendant requested the court to charge the jury that the “mere fact that the Government’s evidence is uncontradicted” did not require the jury to accept it. The court gave not this request, but just…