BURTON v. UNITED STATES

No. 26233.

414 F.2d 261 (1969)

Anthony Earl BURTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 30, 1969.


Attorney(s) appearing for the Case

Wayne B. Ames, Abilene, Tex., for appellant.

Eldon B. Mahon, U. S. Atty., Dallas, Tex., Andrew Barr, Asst. U. S. Atty., James F. Gaulding, Asst. Reg. Counsel I.R.S., Dallas, Tex., for appellee.

Before JONES and COLEMAN, Circuit Judges, and CHOATE, District Judge.


JONES, Circuit Judge:

Appellant Anthony E. Burton appeals from a conviction under Title 26, Section 5851, of the National Firearms Act. He and his brother Zearl T. Burton, were convicted of having in their possession a sawed-off shotgun which was made in violation of 26 U.S.C.A. § 5821 in that prior to the making of the gun there had been both a failure to file the declaration of intent to make the gun and a failure to pay the making tax of $200.00, as required...

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