No. 75-1161.

529 F.2d 103 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Glen Ray BIRMLEY et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 29, 1976.

Attorney(s) appearing for the Case

Cecil D. Branstetter, Branstetter, Moody & Kilgore, Carrol D. Kilgore, Nashville, Tenn., for defendants-appellants.

Charles H. Anderson, U.S. Atty., Joe B. Brown, Asst. U.S. Atty., Nashville, Tenn., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, WEICK, Circuit Judge, and HARVEY, District Judge.

HARVEY, District Judge.

This appeal is from a non-jury conviction on a two count indictment charging defendants with possession of unregistered firearms in violation of 26 U.S.C. § 5861(d) and 18 U.S.C. § 2.

In lieu of a formal trial proceeding, pursuant to stipulation between all the parties, this case was tried by the District Court Judge upon the submission to the Court of the record consisting of: (1) the testimony given at the preliminary hearing...


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