UNITED STATES v. DAVIS

Nos. 71-1637, 71-1638.

459 F.2d 167 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Elmer DAVIS, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ralph WYNN, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

April 24, 1972.


Attorney(s) appearing for the Case

Paul E. Braden, Corbin, Ky. (Court appointed), for Elmer Davis, Jr.

Lowell W. Lundy, Barbourville, Ky. (Court appointed), for Ralph Wynn, Jr.

James E. Arehart, Asst. U.S. Atty., Lexington, Ky., for plaintiff-appellee; Eugene E. Siler, Jr., U.S. Atty., Lexington, Ky., on brief.

Before CELEBREZZE, MILLER and KENT, Circuit Judges.


WILLIAM E. MILLER, Circuit Judge.

On November 25, 1970 Elmer Davis, Jr. and Ralph Wynn, Jr. were tried by a jury on a charge of possessing an unregistered firearm (sawed-off shotgun) in violation of 26 U.S.C. § 5861(d). Statements previously given by each defendant were introduced into evidence at the joint trial. Neither defendant testified or offered evidence. The two defendants were convicted and sentenced to five years imprisonment. They appeal separately...

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