JAMES v. UNITED STATES

No. 16220.

280 F.2d 443 (1960)

Leland Woodrow JAMES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

July 12, 1960.


Attorney(s) appearing for the Case

Michael J. Bogutski, Kansas City, Mo., made argument in behalf of the appellant. Alvin D. Shapiro, Kansas City, Mo., on the brief.

Horace Warren Kimbrell, Asst. U. S. Atty., Kansas City, Mo., made oral argument for appellee. Edward L. Scheufler, U. S. Atty., Kansas City, Mo., on the brief.

Before WOODROUGH and MATTHES, Circuit Judges, and MICKELSON, District Judge.


PER CURIAM.

By information, appellant was charged under Title 26 U.S.C.A. § 5851 with possession of an unregistered firearm, he was found guilty by a jury, was sentenced to imprisonment for a period of two years, and has appealed.

The crucial question is whether the court erred in permitting the unregistered shotgun to be received in evidence over timely objection that the weapon had been seized by officers of the State of Missouri as the result of an...

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