Count 3 does not mention these characteristics and does not reference Count 2 or the firearm described in that count. Count 2 additionally describes its firearm's model number, barrel length and overall length. There is no indication in either the indictment or the jury instructions, however, that the two counts describe the same firearm. Higgins 12 gauge shotgun having no serial number. ![]() Counts 2 and 3 both involved a Sears, J.C. We need not decide this issue, however, because even if the jury's finding in relation to reversed Count 2 is still viable, the jury did not "necessarily" find that the firearm described in Count 3 was a short-barreled shotgun. ![]() The parties, the district court and this court have been unable to find case law on point. ![]() Lennartz responds that an element of a crime cannot be established through a reversed conviction.
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