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UNITED STATES v. McCUTCHEON

No. 18862.

446 F.2d 133 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Forrest Edwin McCUTCHEON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

June 14, 1971.

Attorney(s) appearing for the Case

Larry L. Busick, Osterman & Busick, Fort Wayne, Ind., for defendant-appellant.

William C. Lee, U. S. Atty., John R. Wilks, Asst. U. S. Atty., Fort Wayne, Ind., for plaintiff-appellee; Clarence E. Price, Regional Counsel, Bobby S. Tyler, Atty., Internal Revenue Service, Cincinnati, Ohio, of counsel.

Before HASTINGS, Senior Circuit Judge, and KERNER and PELL, Circuit Judges.

HASTINGS, Senior Circuit Judge.

Defendant Forrest Edwin McCutcheon was charged in a two-count indictment with violations of Title 26, U.S.C.A. §§ 5861(c) and 5861(d),1 respectively, of the Gun Control Act of 1968, amending the National Firearms Act.

Count I charges possession of a firearm on or about October 23, 1969, described as "a weapon made from a 12 gauge single barrel...

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