UNITED STATES v. HEPP

No. 80-1840.

656 F.2d 350 (1981)

UNITED STATES of America, Appellee, v. Allyn B. HEPP, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 14, 1981.


Attorney(s) appearing for the Case

Anthony S. Troia (argued), James E. Riha, Omaha, Neb., for appellant.

James H. Reynolds, U. S. Atty., N. D. Iowa, Cedar Rapids, Iowa, argued, for appellee.

Before ROSS, HENLEY and McMILLIAN, Circuit Judges.


HENLEY, Circuit Judge.

On April 24, 1979 Allyn Hepp was spending the evening socializing with friends at Al's Royal 400, a filling and service station owned by Hepp in Rockwell City, Iowa. All of the companions including Hepp had been drinking. Although there was conflicting testimony, the jury evidently determined that while the men were taking turns shooting an antique type muzzle loader pistol, Hepp shot a hole in the natural gas (methane) meter in the basement...

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