United States v. Hyman Greenberg

JERTBERG, Circuit Judge.

The basic question on this appeal by the government is whether the District. Court properly dismissed an indictment returned against appellee on the ground that prosecution of the offense charged in the indictment is barred by the Statute of Limitations.

The one count indictment was filed in the District Court on May 23, 1962 and charges that the appellee, on or about April 14, 1956;

“did wilfully and knowingly attempt to evade and defeat a large part of the income tax due and owing by him and his wife to the United States of America for the calendar year 1955, by filing…