Legal Opinion
United States v. Clark
District Court, S.D. California
Decided August 4, 1954No. Crim. A. 23,067PublishedCited by 5 opinions
1Opinion of the Court
YANKWICH, Chief Judge.
Whenever the Government and the defendant in a criminal case waive a jury, they are entitled to not just a verdict one way or the other, but to the reasons behind it. This conforms to the Canons of Judicial Ethics of the American Bar Association (Canon 19) and to a practice which I have followed consistently. 1 So in what follows I shall set forth the problem involved in this case and the solution arrived at.
I
The Offense Charged
The defendant is charged with violation of Section 145(b) of the Internal Revenue Code, 2 i. e. with having willfully attempted to evade and…
2Cases cited43 opinions
- Spies v. United StatesSupreme Court of the United States · 1943
- United States v. SullivanSupreme Court of the United States · 1927
- United States v. JohnsonSupreme Court of the United States · 1943
- Rutkin v. United StatesSupreme Court of the United States · 1952
- Olender v. United StatesCourt of Appeals for the Ninth Circuit · 1954
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3Cited by5 opinions
- Milford R. Baumgardner and Pearl E. Baumgardner v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1957
- Tseung Chu v. CornellCourt of Appeals for the Ninth Circuit · 1957
- Murl Clark v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
- Chanan Din Khan v. BarberDistrict Court, N.D. California · 1957
- Tseung Chu v. CornellCourt of Appeals for the Ninth Circuit · 1957