UNITED STATES v. TATE

No. 82-5169.

715 F.2d 864 (1983)

UNITED STATES of America, Appellee, v. William Frank TATE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1983.


Attorney(s) appearing for the Case

Parks N. Small, Federal Public Defender, Columbia, S.C., for appellant.

Douglas H. Westbrook, Asst. U.S. Atty., Greenville, S.C. (Henry Dargan McMaster, U.S. Atty., Columbia, S.C., on brief), for appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and MERHIGE, District Judge.


WIDENER, Circuit Judge:

This is an appeal from a conviction for receipt of a firearm by a convicted felon under 18 U.S.C. § 922(h)(1). On appeal, the defendant asserts that the court committed reversible error in admitting testimony that the defendant on a prior occasion had been seen in possession of a gun. We agree with the defendant, and vacate the conviction and remand for a new trial.

On or about June 13, 1981, the defendant, while driving his wife...

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