McFee

Appellant was tried and- convicted by a jury on two counts of an indictment for wilful attempts to defeat and evade income taxes due and owing by him for the years 1945 and 1946 in violation of § 145(b) of the Internal Revenue Code, 26 U.S.C.A. § 145 (b). He was sentenced to imprisonment for one year and six months and a fine of $7,500 on each count, the terms of imprisonment to run concurrently; the imprisonment on count two to be suspended and appellant placed on probation for two years commencing after service of sentence on count one on the condition that appellant pay the amounts due the government on income tax.

The judgment is challenged upon numerous grounds and we consider each contention in Ihe order set forth in appellant’s brief. The pertinent facts are se't out in our consideration of each assignment of error.

T. Denial of Continuance.

Appellant urges that the trial court erred in denying him a continuance. The indictment was returned November 8, 1951. Appellant was arrested November 17, 1951. He was arraigned April 1, 1952 and on that dale the case was set for trial for April 22, 1952. On April 1, 1952 appellant asked for a bill of particulars. The bill of…