UNITED STATES v. REX

No. 73-1150. Summary Calendar.

483 F.2d 979 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Maurice REX AND Potchernick's, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 19, 1973.


Attorney(s) appearing for the Case

Warren N. Weir, San Antonio, Tex., for defendants-appellants.

William S. Sessions, U. S. Atty., W. Ray Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.


PER CURIAM:

After a jury trial appellants Maurice Rex and Potchernick's Inc. were convicted of conspiring to violate various provisions of the Gun Control Act of 1968, 18 U.S.C. § 921 et seq. Potchernick's, Inc. was also convicted of numerous substantive violations of that Act. On appeal the following contentions are made: (1) Rex contends that there was a fatal variance between the indictment and the proof offered at trial; (2) that the evidence was insufficient...

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