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UNITED STATES v. LEAVELL

Nos. 11282, 11286, 11287.

386 F.2d 776 (1967)

UNITED STATES of America, Appellee, v. Charles Whitted LEAVELL, Appellant. UNITED STATES of America, Appellee, v. Jack Simmons HORGER, Appellant. UNITED STATES of America, Appellee, v. John Michael O'BERRY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 6, 1967.

Attorney(s) appearing for the Case

M. M. Weinberg, Jr., Sumter, S. C., (Shepard K. Nash, Sumter, S. C., on the brief) for appellant Charles Whitted Leavell.

W. T. Klapman, Orangeburg, S. C., (Court appointed counsel) for appellants Jack Simmons Horger and John Michael O'Berry.

Charles Porter, Asst. U. S. Atty., (Terrell L. Glenn, U. S. Atty., on the brief) for appellee.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

PER CURIAM:

In a fair trial in the district court, the participation of defendants in an unlawful conspiracy to violate the National Firearms Act and guilt of related substantive offenses1 was established beyond all reasonable doubt. Both Horger and O'Berry sold submachine guns fully assembled and ready to fire automatically to undercover government agents. On the Sunday morning agreed upon by Horger and undercover agents for the transfer...

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