United States v. Fikes

MEMORANDUM OPINION

JAMES HARVEY, District Judge.

The case was tried on March 7, 1974, by the Court. Defendant was charged under 18 Appendix U.S.C. 1202(a) with being a felon who received a gun “in commerce or affecting commerce”. The indictment originally charged defendant with possessing and transporting under that statute. However, the latter charges were dropped upon a stipulation to that effect by counsel prior to trial. Thus, the government went on to attempt to prove receipt only.

At the close of proofs, the defense counsel made this Motion for Judgment of Acquittal based on the lack of…