No. 18145.

315 F.2d 491 (1963)

William Ernest FRYE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

March 27, 1963.

Attorney(s) appearing for the Case

Hillel Chodos and Sheldon G. Bardach, Beverly Hills, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, and Norman T. Ollestad, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before JERTBERG and DUNIWAY, Circuit Judges, and ROGER T. FOLEY, Senior District Judge.

DUNIWAY, Circuit Judge.

Frye appeals from his conviction, following a trial by the court, under a one-count indictment which charged that he and one Barr had in their possession a 12-gauge shot gun with an 8-inch barrel, a firearm as defined in 26 U.S.C. § 5848, which had not been registered with the Director, Alcohol and Tobacco Tax Division, Washington, D. C. The offense is a violation of 26 U.S.C. § 5851. Barr was acquitted by the court.


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