Harley Maurice Bryan v. United States

GRIFFIN B. BELL, Circuit Judge.

Appellant was indicted for violating 26 U.S.C.A. § 5851 in that he had in his possession a firearm, to-wit, one Harrington & Richardson “Handy-Gun”, .410 gauge with a 12y2 inch barrel, which had not been registered as required by the National Firearms Act. This appeal is from the sentence of a year and a day entered on a jury verdict of guilty. We reverse.

The evidence disclosed that appellant’s place of business was raided for an unrelated purpose. During the raid one of the officers saw the firearm in question under a counter néar where appellant was standing.…