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UNITED STATES v. JONES

No. 14547.

340 F.2d 913 (1964)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Morgan JONES, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 8, 1965.

Attorney(s) appearing for the Case

F. Willis Caruso, Chicago, Ill., for appellant.

Edward V. Hanrahan, U. S. Atty., Richard T. Sikes, Asst. U. S. Atty., Chicago, Ill., for appellee, John Peter Lulinski, John Powers Crowley, Asst. U. S. Attys., of counsel.

Before DUFFY, KNOCH and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

Donald Morgan Jones, the defendant-appellant, and James Michael Cummings, were convicted, following a trial before the court without a jury, of possession of a sawed-off shotgun in violation of 26 U.S.C.A. § 5851. The indictment alleged their joint possession of the firearm and that it had been made in violation of 26 U.S.C.A. § 5821. Jones was sentenced to imprisonment for a period of five years. Only Jones appealed.

The shotgun...

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