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UNITED STATES v. HARWOOD

No. 72-1498.

470 F.2d 322 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Paul HARWOOD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 18, 1972.

Attorney(s) appearing for the Case

Jerry Cord Wilson, Asst. U. S. Atty., (William R. Burkett, U. S. Atty., on the brief), for plaintiff-appellee.

Mac Oyler, Oklahoma City, Okl., for defendant-appellant.

Before BREITENSTEIN and McWILLIAMS, Circuit Judges, and CHRISTENSEN, District Judge.

McWILLIAMS, Circuit Judge.

Gerald Paul Harwood was charged in a one count indictment with knowingly and unlawfully possessing six automatic firearms not registered to him in violation of 26 U.S.C. §§ 5845(b) and 5861(d). Thereafter, Harwood filed a motion to suppress the use as evidence of the six firearms which formed the basis for the indictment on the grounds that such were obtained in an unlawful search and seizure. Upon hearing, the trial court, apparently...

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