Crapo

The appellant was tried on February 16, 1939, in the District Court of the United States for the District of Kansas, First Division, and found guilty on two counts contained in an indictment charging in Count One the possession of an unregistered firearm, December 20, 1936, and in Count Two with having in possession said firearm, towit, a “Remington, sawed-off shot gun, Model Number 16, 11-12 gauge, repeating, Serial No. 130007, the said barrel of said sawed-off shot gun being less than eighteen (18) inches in length,” which had been transferred without the payment of $200 tax on said firearm and without the securing of stamps showing the payment of said tax, “as provided by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury of the United States, and in failing to *864 affix said stamps to the order for such firearms as provided by law,” etc.

Defendant was convicted and sentenced to three years on Count One and five years on Count Two, said sentences to run consecutively. He was placed on probation on the second count for a period of five years. On August 3, 1942, the probation was revoked and the defendant sentenced to a term of five years;…