Powell v. United States

HOOD, Chief Judge:

Appellant, the only occupant of a stopped automobile, was asked by the police officer where was the gun which supposedly appellant had just previously fired at another man. Appellant replied he had no gun. With appellant’s permission, the officer looked in the automobile and found a .22 caliber pistol under the driver’s side of the front seat. The pistol was loaded and contained one empty shell.

Appellant was charged with carrying a pistol without a license. 1 His defense was that the automobile belonged to his brother, that he did not know to whom the pistol belonged, and…