UNITED STATES v. SHEPHARD

No. 7800.

439 F.2d 1392 (1971)

UNITED STATES of America, Appellee, v. Lee Arthur SHEPHARD, Defendant, Appellant.

United States Court of Appeals, First Circuit.

April 13, 1971.


Attorney(s) appearing for the Case

Lawrence D. Shubow, Boston, Mass., by appointment of the Court, for appellant.

Lawrence P. Cohen, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on the brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


PER CURIAM.

Defendant, convicted of possessing an unregistered firearm — a so-called sawed-off shotgun — under 26 U.S.C. § 5861(d) (Supp. V, 1970), asks us to rule that the evidence did not warrant a finding of possession.

Defendant's car, while he was driving to work with two friends, broke down on the road. Having placed some articles of personal property in the trunk, defendant left and called an emergency car service. Later he returned...

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