James Earl Warren v. United States

Warren appeals from his conviction after trial by jury of two counts charging violation of the National Firearms Act; possessing a firearm unregistered to him in violation of 26 U.S.C. § 5861 (d) and possessing a firearm not bearing a required serial number in violation of 26 U.S.C. § 5861 (i).

Appellant claims error in the Court below by reason of the admission in evidence of, (1) the firearm, a sawed off shotgun which, by pre-trial motion, he sought to have suppressed and as to which on trial he made timely objection, and (2) documentary evidence of non-registration received over his objection that such mode of proof deprived him of his constitutional rights under the Sixth Amendment to confrontation of witnesses against him. Additionally, appellant claims his prosecution under the gun control statutes here involved constitutes a violation of his Fifth Amendment right against self-incrimination. He contends further that with respect to the element of intent there was error below in the quantum of proof adduced and in the instructions given and refused on this issue.

We have considered and discuss below each of appellant’s specifications of error ; we find none has merit.

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