UNITED STATES v. HUTTON

Nos. 76-2552, 76-2553.

558 F.2d 1265 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Gary L. HUTTON and Curtis White, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 14, 1977.


Attorney(s) appearing for the Case

Lowell W. Lundy, Hopper & Lundy, Barbourville, Ky. (Court-appointed CJA), for Gary L. Hutton.

William Gary Crabtree, London, Ky. (Court-appointed CJA), for Curtis White.

Eldon L. Webb, U. S. Atty., John A. West, Lexington, Ky., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and CECIL, Senior Circuit Judge.


PER CURIAM.

Appellants Hutton and White were named in a four-count indictment charging unlawful making, possession, nonregistration and malicious use of destructive devices, in violation of 26 U.S.C. § 5861 (1970). The District Judge, at the end of the government's case, dismissed one count of the indictment against Hutton and dismissed a portion of another count as to both Hutton and White. On submission to the jury, defendants were found guilty of the remaining...

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