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UNITED STATES v. FIELDS

No. 74-1085.

500 F.2d 69 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Lowell Scott FIELDS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 30, 1974.

Attorney(s) appearing for the Case

Henry E. Hughes, Tackett, Keller, Hughes & Roney, Lexington, Ky., for defendant-appellant.

Robert M. Murphy, Asst. U. S. Atty., for plaintiff-appellee; Eugene E. Siler, U. S. Atty., Lexington, Ky., on brief.

Before WEICK, EDWARDS and McCREE, Circuit Judges.

PER CURIAM.

Fields has appealed from his conviction and sentence for receiving and possessing a shotgun after he had been convicted of a felony, in violation of 18 U.S.C. App. § 1202(a)(1). In his previous trial the jury failed to agree, resulting in a mistrial.

Fields contends that the evidence was insufficient to establish the elements of commerce and possession required by the statute. The proof was to the effect

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