MOORE v. UNITED STATES

No. 74-1260.

512 F.2d 1255 (1975)

Tyrone Power MOORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1975.


Attorney(s) appearing for the Case

William F. Dobbs, Jr., Charleston, W. Va. [Court-appointed counsel] (Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief) for appellant.

Wayne A. Rich, Jr., Asst. U. S. Atty. (John A. Field, III, U. S. Atty., Robert B. King, Asst. U. S. Atty., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and WIDENER, Circuit Judges.


PER CURIAM:

Tyrone Power Moore appeals his conviction of possessing a prohibited firearm, a violation of 26 U.S.C. §§ 5861 and 5871. The indictment charged that Moore possessed a "sawed-off 12 gauge shotgun." The weapon introduced at trial, however, was certified to be a "[f]irearm made by inserting a 11 inch piece of galvanized pipe into barrel of flare gun and welding same with solder. The pipe is of the size that will chamber a 12 gauge shotgun shell...

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