United States v. Jerry Lee Stanfield

Jerry Lee Stanfield and a co-defendant were found guilty by a jury of possession of a nonregistered firearm (sawed-off shotgun) as proscribed by 26 U.S.C. § 5861 (d). Appeal is taken from the consequent judgment of conviction. We have jurisdiction under 28 U.S.C. § 1291 .

The evidence below, while sharply conflicting, was not complicated. Two deputy sheriffs in a patrol car purportedly detecting traffic violations, testified to having pursued a small foreign-manufactured automobile at high speeds prior to stopping it. Just before the vehicle stopped the officers claimed to have observed what appeared to be a weapon passed from a front-seat occupant to one in the rear. Appellant was a passenger in the back seat of the small car.

Upon the car being stopped, the three occupants were ordered to step out. The officers then allegedly observed a portion of a sawed-off shotgun protruding from under the front seat.

The defendants and five persons said to be bystanders, presented evidence tending to negate any police chase and further testified that the officers apparently removed the gun from the trunk of the automobile.

The record makes it clear, and the trial judge noted,…