UNITED STATES v. HARVEY

No. 15863.

397 F.2d 526 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. James T. HARVEY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

July 5, 1968.


Attorney(s) appearing for the Case

Terence MacCarthy, Chicago, Ill., for appellant.

Thomas A. Foran, U. S. Atty., Michael B. Nash, Asst. U. S. Atty., Chicago, Ill., Edward V. Hanrahan, U. S. Atty., Chicago, Ill., John Peter Lulinski, Gerald M. Werksman, Asst. U. S. Attys., of counsel, for appellee.

Before HASTINGS, SWYGERT, and FAIRCHILD, Circuit Judges.


SWYGERT, Circuit Judge.

James T. Harvey appeals from a judgment of conviction entered on three counts of a four-count indictment returned on February 4, 1965.1 The indictment charged Harvey with: (1) unlawfully making a "double barreled sawed-off shotgun," without paying a tax on the shotgun to the Secretary of the Treasury, in violation of 26 U.S.C. § 5821(a); (2) unlawfully making the same shotgun without declaring his intention...

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