Opinion
Gen. No. 9,257. (Abstract of Decision.)
Opinion filed February 25, 1941. Rehearing denied April 1, 1941.
TAXES, § 745 — failure to file sales tax return, evidence. In prosecution for failure to file sales tax returns, the question of whether such failure was wilful was for the jury, which was justified in finding against defendant's contention that he thought the statute was unconstitutional and that he honestly believed he was not subject to it, instructions correctly defined "wilful," and it was not error to assess gross fine instead of imposing a separate penalty on each of the counts of the indictment.
See Callaghan's Illinois Digest, same topic and section number.
Error to Circuit Court of Sangamon county; Hon. LAWRENCE. E. STONE, presiding.
Affirmed. Heard in this court at October term, 1940.
George I. Hicks and Hoff Hoff, for plaintiff in error;
John E. Cassidy, Attorney General, for defendant in error;
L. Cantrill, of counsel, and A.B. Dennis, Assistant Attorney General.
"Not to be published in full." Opinion filed February 25, 1941. Rehearing denied April 1, 1941.