United States v. Bert G. Ashby

JONES, Circuit Judge.

The appellee, Bert G. Ashby, had practiced law in Dallas, Texas. His wife was Mabel Ashby whom he married in 1949. After a rather hectic marital career they separated in April of 1954. She sued for divorce. In July of 1954, while the divorce suit was pending, Mrs. Ashby voluntarily turned over to an agent of the Internal Revenue Service of the United States the business records of her husband, without his knowledge or consent. A divorce was subsequently granted. On April 13, 1956, an indictment was returned by the Federal grand jury of the United States District Court for…