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370 F.2d 96

Docket No. 23462.

Thomas v. United States

Fifth Circuit Court of Appeals

Decided Dec. 19, 1966.

Certiorari Denied March 20, 1967.

Fifth Circuit Court of Appeals · decided 1966-12-19

Cited by 5 later decisions — most recently September 1970

5 federal appellate ·

2 counsel of record

Applies 26 U.S.C. § 7206

Relies on Rabinowitz v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1966-12-19

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¶1See 87 S.Ct. 1164.

¶2Newton B. Schwartz, Houston, Tex., for appellant.

¶3James R. Gough, Asst. U. S. Atty., Morton L. Susman, U. S. Atty., Houston, Tex., for appellee.

¶4Before TUTTLE, Chief Judge, and AINSWORTH and DYER, Circuit Judges.

¶5PER CURIAM:

¶6Appellant was convicted of willfully making false statements on his income tax returns for the years 1958 and 1959 in violation of 26 U.S.C.A. § 7206(1). Of the many specifications of error relied upon the only one that need be noted is the contention that the indictment should have been dismissed because the grand jury pool from which this particular grand jury was selected was compiled substantially from the Texas poll tax list. There was a complete lack of evidence that the grand jury pool used here did not reflect a fair cross-section of the community. See Rabinowitz v. United States, 5 Cir. 1966, 366 F.2d 34.

¶7We have considered all the specifications of error and find them to be without merit. The judgment is

¶8Affirmed.

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