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KELLY v. UNITED STATES

No. 5602.

246 F.2d 864 (1957)

Louis James KELLY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 19, 1957.

Attorney(s) appearing for the Case

James W. Wilson, Denver, Colo. (Montfort & Wilson, Denver, Colo., were with him on the brief), for appellant.

John S. Pfeiffer, Asst. U. S. Atty., Denver, Colo. (Donald E. Kelley, U. S. Atty., Denver, Colo., was with him on the brief), for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

The appellant, Louis James Kelly, was found guilty by a jury of a violation of 15 U.S.C.A. § 902(e)1 and, after the trial court denied a motion for acquittal, 146 F.Supp. 747, was sentenced to two years' imprisonment. On this appeal he questions the sufficiency of the evidence to show interstate transportation of the firearm and further contends that burglary in the second...

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