MOODYES v. UNITED STATES

No. 19094.

400 F.2d 360 (1968)

Albert Earl MOODYES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 26, 1968.


Attorney(s) appearing for the Case

King Tristani, Minneapolis, Minn., for appellant.

Roland J. Faricy, Asst. U. S. Atty., Minneapolis, Minn., for appellee, Patrick J. Foley, U. S. Atty., on the brief.

Before MEHAFFY, GIBSON and LAY, Circuit Judges.


MEHAFFY, Circuit Judge.

Albert Earl Moodyes appeals from a judgment of conviction following a jury verdict based upon a single-count information charging him with possession of a sawed-off shotgun upon which the tax as required by 26 U.S.C. § 5821 had not been paid in violation of 26 U.S.C. § 5851.1

Only two assignments of error are advanced for reversal of the judgment. It is first contended that the search of a vehicle...

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