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UNITED STATES v. WALLACE

No. 74-2347.

528 F.2d 863 (1976)

UNITED STATES of America, Appellee, v. Keith Leon WALLACE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 8, 1976.

Attorney(s) appearing for the Case

Larry E. Losch, Montgomery, W. Va. [Court-appointed counsel], for appellant.

Wayne A. Rich, Jr., Asst. U.S. Atty. (John A. Field, III, U.S. Atty., Michael F. Pezzulli, Summer Law Clerk [third year law student] on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and WATKINS, District Judge.

WINTER, Circuit Judge:

Keith Leon Wallace appeals from the judgment entered on a jury verdict finding him guilty of possessing a sawed-off shotgun in violation of 26 U.S.C. §§ 5861(d) and 5871 (1970) and 18 U.S.C. § 2 (1970). He asserts that his conviction was improper because (a) the indictment should have been dismissed since it was based on hearsay evidence when competent evidence was readily available,...

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