United States v. Joe Polk

Joe Polk appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. app. § 1202(a)(1) (1982). He argues the Government failed to prove that the gun presented at trial was a firearm within the meaning of 18 U.S.C. app. § 1202(c)(3). We affirm.

At trial the Government introduced into evidence a Smith and Wesson, Model 60.38 caliber revolver. The arresting officer testified that he had removed the gun, which was loaded with five rounds of ammunition, from the defendant. No evidence was introduced concerning the condition of the gun or whether it had been…