Peter Desimone, John Stepich, Harold Hopkins v. United States

Appellants Stepich and Hopkins were indicted with three other defendants, Desimone, Felton and DePierris by a grand jury in the Western District of Washington, for conspiring to commit lan offense against the United States in violation of 26 U.S.C.A. § 3253 , which reads:

There was a trial before The Honor'able John Bowen, sitting without a jury |by consent of defendants. No one of the three appellants took the stand in his jown defense. After trial, upon request, the court entered general and special findings, rejecting those offered by defendants. The trial Judge found all guilty.

Peter Desimone was sentenced to eighteen months in a federal penitentiary. He is dead, as this Court has been advised, so therefore no further attention will be paid to him except as necessary for consideration of the other defendants.

Felton was sentenced to thirty days’ confinement and given probation. Bert DePierris was sentenced to sixty days’ confinement and placed on probation. Neither of the latter has appealed and will be mentioned only incidentally.

From their convictions, defendants Stepich and Hopkins appeal.

The White Center Athletic Club owned and operated certain premises containing…