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Criminal Procedure Keyed to Ohlin
Costello v. United States
Citation:
350 U.S. 359 (1956)Facts
Petitioner, Frank Costello, was indicted for willfully attempting to evade payment if income taxes due the United States for the years 1947, 1948, and 1949. Petitioner promptly filed a motion for inspection of the minutes of the grand jury and for a dismissal of the indictment. His motion was based on an affidavit stating that he was firmly convinced there could have been no legal or competent evidence before the grand jury which indicted him since he had reported all his income and paid all taxes due. The motion was denied. At the trial which followed the Government offered evidence designed to show increases is Costello’s net worth in an attempt to prove that he had received more income during the years in question than he had reported. To establish its case the Government called and examined 144 witnesses and introduced 368 exhibits. The prosecution concluded its case by calling three government agents. Petitioner moved to dismiss the indictment.
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