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BURCHFIELD v. UNITED STATES

No. 76-1193.

544 F.2d 922 (1976)

Dennis Allen BURCHFIELD, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 16, 1976.

Attorney(s) appearing for the Case

Dennis Allen Burchfield, Danville, Ill., Richard D. Price, Jr., Peoria, Ill., for petitioner-appellant.

David E. Worsley, Danville, Ill., for respondent-appellee.

Before FAIRCHILD, Chief Judge, PELL, Circuit Judge, and WOLLENBERG, Senior District Judge.

PELL, Circuit Judge.

The appellant, Dennis Allen Burchfield, was charged in a two count indictment on August 21, 1972. Count I of the indictment charged that Burchfield did wilfully and knowingly possess a destructive device as defined by Section 5845, Title 26, United States Code, to wit: three sticks of "Austin" brand 40% dynamite each marked B1356003-02-12227104 and three "Atlas" brand electric blasting caps with orange...

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