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UNITED STATES v. STROTHER

No. 77-1432.

578 F.2d 397 (1978)

UNITED STATES of America v. Paul K. STROTHER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 1978.

Rehearing Denied May 9, 1978.

Attorney(s) appearing for the Case

Michael S. Helfer, Washington, D. C. (appointed by this Court) for appellant.

E. Thomas Roberts, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, and Joseph F. McSorley, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before WRIGHT, Chief Judge, and McGOWAN and WILKEY, Circuit Judges.

Opinion for the Court filed by McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

Appellant was convicted in the District Court, after a trial to the court on stipulated facts, of possession of an unregistered firearm. 26 U.S.C. § 5861(d) (1970). On appeal he asserts errors successively involving (1) the issuance of the search warrant leading to his arrest and indictment; (2) the process observed in initiating the trial by the judge on a stipulated record...

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