WESTPHAL ET AL.

v.

KANSAS CITY LIFE INSURANCE CO.; AND WESTPHAL V. KANSAS CITY LIFE INSURANCE CO.

Citator

Cited By (12 total)

• Jerome H. Moore and Mildred v. Moore, 360 F.2d 353 (4th Cir. 1965)
  …fraud, have stated that to satisfy the Government’s burden of proof in a criminal evasion case, it must show an “attempt wilfully to defraud.” United States v. Schenck, 126 F. 2d 702, 704 (2d Cir.), cert. denied, sub nom. Moskowitz v. United States, 316 U.S. 705, 62 S.Ct. 1309, 86 L.Ed. 1773 (1942). An illustrative opinion uses this language: “The real character of the offense lies * * * in the attempt to defraud the government by evading the tax.” Gariepy v. United States, 220 F. 2d 252, 259 (6th Cir.), c…
• United States v. Alastair Kyle, 257 F.2d 559 (2d Cir. 1958)
  …d to matters not in evidence; if defendants had anything to controvert the witness’s testimony they could have called an accountant of their own. United States v. Schenck, 2 Cir., 126 F. 2d 702, certiorari denied sub nom. Moskowitz v. United States, 316 U.S. 705, 62 S.Ct. 1309, 86 L.Ed. 1773. Evidence of unpaid bills, demands for payment from creditors, checks returned for insufficient funds and because payment had been stopped and the testimony of creditors was proper and relevant on the question of the f…
• Fowler v. United States, 352 F.2d 100 (8th Cir. 1965)
  …192. Willfulness and fraudulent purpose are questions *for the jury. United States v. Vardine, supra, 305 F. 2d at 63; United States v. Schenck, 2 Cir., 1942, 126 F. 2d 702, 707, certiorari denied, sub. nom. [*111] Moskowitz v. United States, 1942, 316 U.S. 705, 62 S.Ct. 1309, 86 L.Ed. 1773. Certainly there was sufficient evidence presented here to submit the question of willfulness to the jury. The government, although only prosecuting appellants for the years 1957 through 1959, presented evidence of the…