United States v. John H. Kelley

WEICK, Circuit Judge.

Appellant was tried and convicted by a jury in the District Court on a three-count Information charging that he received wagers in each of the years 1958, 1959 and 1960 and wilfully failed to register and pay the special occupational tax imposed by Section 4411 of the Internal Revenue Code of 1954, in violation of 26 U.S.C. § 7203. He was fined $1,000 and placed on probation for a period of five years.

The principal errors relied upon in this appeal are that the District Court erred in limiting cross-examination of the Government’s witness, Esposito, and in threatening…