ALFRED LEE MATHERNE, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
ALFRED LEE MATHERNE, APPELLANT,
UNITED STATES OF AMERICA, APPELLEE
397 F.2d 406
Court of Appeals for the Fifth Circuit (1968)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:
The appellant was found guilty on two counts in violation of Title 26 U.S.C. §§ 4704(a) and 4705(a) relative to narcotics. The contention on appeal is that the district court erred in denying appellant’s motion to suppress evidence of the sale as being the product of an illegal entrapment, and secondly in the denial of the appellant’s motion for a judgment of acquittal since the facts established as a matter of law an unlawful entrapment.
The district judge submitted to the jury the issue of entrapment as a fact question with proper instructions. We agree that the defense of entrapment was a fact question and should have gone, and did go, to the jury who resolved it against the defendant. See Hannah v. United States, 5 Cir. 1968, 396 F. 2d 785 [May 2, 1968]; Suarez v. United States, 5 Cir. 1962, 309 F. 2d 709; Kivette v. United States, 5 Cir. 1956, 230 F. 2d 749.
No error appearing, the judgment of conviction is
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Park (W.D. Pa. 1975)
-
United States v. Bueno, 447 F.2d 903 (5th Cir. 1971)
Authorities Cited
- Lima Lynn Kivette and Dow Kivette v. United States, 230 F.2d 749 (5th Cir. 1956)
- Suarez v. United States, 309 F.2d 709 (5th Cir. 1962)
- Hannah v. United States, 396 F.2d 785 (5th Cir. 1968)