John Owen Tyler v. United States

CARSWELL, District Judge:

Appellant was convicted by a jury on 3 counts of a 25 count indictment for wilful failure to file excise tax returns and to pay excise taxes imposed upon gambling operations.

This appeal attacks the rulings of the trial court (1) in denying dismissal of the indictment; (2) in refusing a requested charge; (3) in allowing the jury to separate overnight during deliberations; (4) in accepting the jury’s verdict on 3 counts of the indictment the following morning; and (5) in declaring a mistrial on the remaining counts.

We affirm on the first four issues presented, all of…