United States v. William Garber, Individually and as President of William Garber, Inc.

U.S. Court of Appeals for the Third Circuit
United States v. William Garber, Individually and as President of William Garber, Inc., 383 F.2d 448 (3d Cir. 1967)
20 A.F.T.R.2d (RIA) 5619
Biggs, Freedman, Per Curiam, Seitz

United States v. William Garber, Individually and as President of William Garber, Inc.

Opinion

OPINION OF THE COURT

PER CURIAM.

No dispute of fact is presented by this appeal. The appellant, Garber, was convicted as an individual and as President of William'Garber, Inc. of wilfully attempting to evade and defeat personal and corporate income taxes for 1960 and 1961. 26 U.S.C. § 7201. We have before us a single issue of law: did the trial court err in placing undue emphasis on certain portions of the Government’s evidence in his charge ? A United States Judge has the right to comment on the evidence. United States v. Stayback, 212 F.2d 313, 319 (3 Cir. 1954), cert. denied, 348 U.S. 911, 75 S.Ct. 289, 99 L.Ed. 714 (1955). We have examined the charge carefully and we can find no error in it. The judgment will be affirmed.

Reference

Full Case Name
UNITED STATES of America v. William GARBER, Individually and as President of William Garber, Inc., Appellant
Cited By
3 cases
Status
Published