Barber v. United States, 13653.
| Decision Date | 04 November 1959 |
| Docket Number | No. 13653.,13653. |
| Citation | 271 F.2d 265 |
| Parties | John C. BARBER, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Clifford E. Enger, Beverly Hills, Cal. (Leo W. Grant, Jr., Clinton, Tenn., on the brief), for appellant.
Fred Elledge, Jr., and R. Hunter Cagle, U. S. Atty., Nashville, Tenn., on the brief, for appellee
Before MARTIN, MILLER and WEICK, Circuit Judges.
The appeal in this case is from a jury verdict of guilty as charged in an indictment for unlawful income tax evasion and sentence pronounced thereon of fifteen months' imprisonment and $500 in fines.
After hearing the oral arguments of counsel and considering the briefs and the three-volume record in the case, we find no merit whatever in the appeal. Indeed, in the circumstances, the appeal could be classified as frivolous. The evidence adduced by the government was ample to support the verdict of guilty. See Ross v. United States, 6 Cir., 197 F.2d 660, 664, 665, certiorari denied 344 U.S. 832, 73 S.Ct. 40, 97 L.Ed. 648; Gariepy v. United States, 6 Cir., 220 F.2d 252, 258, certiorari denied 350 U.S. 825, 76 S.Ct. 53, 100 L.Ed. 737.
There is no point to the argument of appellant that the district court erred in permitting the expert witness, Leibowitz, to identify and explain charts summarizing his testimony and that of other witnesses. In United States v. Johnson, 319 U.S. 503, 519, 63 S.Ct. 1233, 1241, 87 L.Ed. 1546, the Supreme Court said:
The argument that the defendant here was not sufficiently identified is, on the...
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