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UNITED STATES v. MOORE

No. 77-1727.

586 F.2d 1029 (1978)

UNITED STATES of America, Appellant, v. Cecil B. MOORE, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 20, 1978.

Attorney(s) appearing for the Case

Robert McDermott, Jr., Asst. U. S. Atty., Alexandria, Va., Donald G. Stouffer, Third Year Law Student (William B. Cummings, U. S. Atty., Justin W. Williams, Asst. U. S. Atty., and Gerald A. Toner, Sp. Asst. U. S. Atty., Alexandria, Va., on brief), for appellant.

Jack S. Rhoades, Alexandria, Va. (Jack B. Stevens, Howard, Stevens, Lynch, Cake & Howard, Alexandria, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

HAYNSWORTH, Chief Judge:

The defendant, a lawyer and member of the Philadelphia City Council, was convicted of a petty offense and fined $25 upon a charge that he had in his possession in his brief case a loaded revolver as he attempted to go through a check point preliminarily to boarding a plane at Washington National Airport. At the trial before a magistrate, he sought to defend upon the ground that he had thought that he had placed the loaded revolver in a suitcase...

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