UNITED STATES v. MANNING

No. 80-1007.

618 F.2d 45 (1980)

UNITED STATES of America, Appellee, v. Hugh N. MANNING, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 21, 1980.


Attorney(s) appearing for the Case

Edward V. Ward, St. Louis, Mo., filed brief for appellant.

Robert D. Kingsland, U.S. Atty., and Larry D. Hale, St. Louis, Mo., filed brief for appellee.

Before BRIGHT, STEPHENSON and McMILLIAN, Circuit Judges.


PER CURIAM.

Hugh Manning appeals his conviction for possession of a prohibited firearm which was not registered to him in the National Firearms Registration and Transfer Record as required by 26 U.S.C. § 5861(d). His sole contention on appeal is that the district court erred in instructing the jury on the element of possession. For the reasons discussed below, we reverse.

Manning was arrested during the early morning hours of September 7, 1979, by Sergeants...

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