UNITED STATES v. BURKHART

No. 76-1556.

545 F.2d 14 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Walter BURKHART, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 26, 1976.


Attorney(s) appearing for the Case

Fred Fugazzi Jr., Joseph L. Famularo, Lexington, Ky., for defendant-appellant.

Eldon L. Webb, U. S. Atty., Richard E. Duerr, Jr., Lexington, Ky., for plaintiff-appellee.

Before CELEBREZZE, McCREE and ENGEL, Circuit Judges.


ORDER

Appellant was convicted in the district court of possession of firearms by one previously convicted of a felony contrary to 18 App. U.S.C. § 1202(a)(1). The indictment alleged appellant's conviction of a felony on two prior occasions and the government in the trial refused an offer by appellant to stipulate that he had in fact been convicted of the lesser of the two felonies charged, the purpose of which was to prevent proof of either conviction being...

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