Dale George v. United States

This appeal is from conviction of the crime of engaging in the business of accepting wagers without having either registered or paid the tax required by law.

Appellant asserts as error denial by the District Court of his motion for acquittal. He contends that in many respects the United States has failed to establish guilt of the crime charged; that the facts proved, together with rational inferences therefrom, are wholly consistent with innocence of all crime; and of innocence of having engaged in the business of accepting wagers; and of accepting wagers (as a principal) as distinguished from merely receiving them (as a runner). In his brief appellant characterizes the Government’s case as “almost a preposterously thin case.” We are forced to agree.

Proof is limited to two contacts with appellant by Agent Harris of the Internal Revenue Department, at the El Jay Ray bar in Phoenix, Arizona.

1. On May 24, 1963, as Harris testified, he went to the bar in an effort to meet appellant whom he was “investigating” in some unspecified respect. He arrived at 12:10 P.M., had lunch, talked with the bartender and struck up a conversation with two other patrons, Carroll and Hale. They…