UNITED STATES v. FOGARTY

Nos. 15933-4.

344 F.2d 475 (1965)

UNITED STATES of America, Plaintiff-Appellee, v. John T. FOGARTY and Percy Ewell Wainwright, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

Decided April 14, 1965.


Attorney(s) appearing for the Case

Marvin Kraus (court appointed), Cincinnati, Ohio, for appellant, Fogarty.

Paul H. Tobias, Cincinnati, Ohio, for appellant, Wainwright.

G. Wilson Horde, Knoxville, Tenn. (J. H. Reddy, U. S. Atty., G. Wilson Horde, Asst. U. S. Atty., Knoxville, Tenn., on the brief) for appellee.

Before PHILLIPS and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.


PHILLIPS, Circuit Judge.

This appeal presents the question of whether a sawed-off rifle, hereinafter described, which was used by defendants to rob coin boxes in pay telephones, is a firearm1 required to be registered under the National Firearms Act, 26 U.S.C. § 5841. Defendants-appellants contend that the gun is nothing more than a burglary tool and does not come within the statutory definition of a firearm. The district court held...

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