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United States v. Keig

July 24, 1963

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ALFRED JOSEPH KEIG, SR., DEFENDANT-APPELLANT.



Author: Schnackenberg

Before HASTINGS, Chief Judge, and SCHNACKENBERG and CASTLE, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Alfred Joseph Keig, Sr., defendant, has appealed from his conviction and sentence, entered upon a judgment following a jury trial in the district court. The action was based upon a five count indictment, under the provisions of 26 U.S.C.A. § 7203, charging knowing and willful failure to make income tax returns to the District Director of Internal Revenue for the years 1954 through 1958.

Among several errors relied on by defendant is an alleged denial of his rights under the Jencks act, 18 U.S.C.A. § 3500, which we shall now discuss.

Carmen Marici, a special agent of the Intelligence Division of the Internal Revenue Service, testified that he made an investigation and caused searches to be made, and that he had testified before the March 1961 grand jury as to the facts revealed in his investigation.

He further testified that on March 23, 1960, he, in company with agent Jerome Foster, talked with defendant and asked whether he had any records of income and expense.

Marici also testified that, when he asked defendant whether he knew about taxes, defendant volunteered the reason that he "didn't file any income taxes", saying "Well, I will tell you. It is a God damn fraud, and what I did, I did deliberately."

On cross-examination Marici said that he made reports relative to some subsequent meetings with defendant.

Thereupon the following occurred:

"Miss Lavin [defense counsel]: If the Court please, may I have those reports?

"The Court: Is there any objection?

"Mr. Becco [government counsel]: The main objection is that it is far beyond the scope of the direct examination. Nothing has been gone into as to that.

"The Court: If there is no objection, I suggest you show the reports.

"Mr. Becco: I will be glad to. I am now tendering to counsel for the defendant a three-page typewritten statement of interview occurring on March 30, 1960."

Thereupon the following interrogation by defense counsel took place:

"Q. Mr. Marici, is this the only other report that you have made relative to the ...


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