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UNITED STATES v. PARKER

No. 77-5384.

566 F.2d 1304 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin Charles PARKER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 6, 1978.

Attorney(s) appearing for the Case

Michael J. Romeo, Birmingham, Ala. (Court-Appointed), for defendant-appellant.

J. R. Brooks, U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before TUTTLE, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

On April 6, 1977, a federal grand jury returned a single count indictment charging defendant Marvin Charles Parker with knowing possession of a single barrel, sawed-off shotgun which had not been registered to him in the National Firearms Registration and Transfer Record. 26 U.S.C.A. § 5861(d).1 At trial defendant admitted possession of the unregistered weapon, but contended that under certain emergency circumstances...

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