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Sansone v. United States, 380 U.S. 343 (1965)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Sansone v. United States, 380 U.S. 343 (1965)
Sansone v. United States No. 365 Argued March 10, 1965 Decided March 29, 1965 380 U.S. 343
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
Petitioner was indicted for willfully attempting to evade federal income taxes in violation of 26 U.S.C. § 7201. At the end of his trial, he requested that the jury be instructed that it could acquit him of that offense, a felony, but could convict him of the lesser included misdemeanors of willfully filing a fraudulent or false return in violation of § 7207, or willfully failing to pay his taxes when due in violation of § 7203. The request was denied, and petitioner was found guilty. The Court of Appeals upheld the conviction.
Held:
1. Since § 7207 applies to income tax violations, as §§ 7201 and 7203 clearly do, with obvious overlapping among them, the lesser included offense doctrine would be applicable in an appropriate case. Pp. 347-349.
2. A lesser included offense instruction is proper only where the charged greater offense requires that the jury find a disputed factual element which is not a requisite for conviction of the lesser included offense. Berra v. United States, 351 U.S. 131, followed. Pp. 349-350.
3. There were here no disputed issues of fact which would justify instructions to the jury that it could find that petitioner had committed all the elements of §§ 7203 and 7207 without having violated § 7201, and so petitioner was not entitled to lesser included offense instructions. Pp. 350-354.
334 F.2d 287 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Sansone v. United States, 380 U.S. 343 (1965) in 380 U.S. 343 380 U.S. 344. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=3QDM75GMFVXCL5K.
MLA: U.S. Supreme Court. "Syllabus." Sansone v. United States, 380 U.S. 343 (1965), in 380 U.S. 343, page 380 U.S. 344. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3QDM75GMFVXCL5K.
Harvard: U.S. Supreme Court, 'Syllabus' in Sansone v. United States, 380 U.S. 343 (1965). cited in 1965, 380 U.S. 343, pp.380 U.S. 344. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=3QDM75GMFVXCL5K.
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