Lavere Redfield v. United States

Good Law
295 F.2d 249·8 A.F.T.R.2d (RIA) 5709·1961 U.S. App. LEXIS 3459
United States Court of Appeals for the Ninth CircuitOctober 16, 196117317California319 words

Opinion

Opinion

This is an appeal from a judgment of conviction on six counts of an eight-count indictment charging income tax evasion in violation of Section 145(b), Internal Revenue Code of 1939, and Section 7201, Internal Revenue Code of 1954, 26 U.S. C.A. §§ 145(b), 7201. Appellant argues four grounds for reversal, namely: (1) he did not competently and intelligently waive his right to assistance of counsel at the trial; (2) he was so ignorant of law and procedure and his defense was so inadequate and incompetent that he has been deprived of his liberty in violation of his rights under the Sixth Amendment; (3) he was denied an impartial trial by virtue of the prejudicial nature of the trial judge’s treatment of appellant throughout the trial; and (4) during the closing argument the attorney for the Government appealed to the passion and prejudice of the jury concerning irrelevant matters, thereby tending to inflame the jury against appellant.

Each of these points was presented in the trial court on appellant’s motion for new trial, appellant being represented by counsel in that proceeding, as he has been in this court. The order of the district court denying the motion for a new trial is…

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