Carlton

Appellant was indicted on four counts for violating 21 U.S.C.A. Section 174 , pertinent portions of which are set forth below. The indictment charged: (1) the sale, on or about October 23, 1951, to Ralph M. Frias (a government agent), of approximately 401 grains of' morphine; (2) the sale, on or about October 19, 1951, of 311 grains of morphine; (3) the receipt, concealment and facilitation of the transportation of the narcotics referred to in Count 1; (4) the receipt, concealment and facilitation of the transportation of the narcotics referred to in Count 2. The jury acquitted him as to Counts 2 and 4; found him guilty as to Counts 1 and 3.

On this appeal, appellant urges reversal, alleging that (1) the trial court erred in admitting evidence, over objection, that appellant had been convicted of a misdemean- or narcotic violation in the year 1948; (2) that government counsel was guilty of prejudicial misconduct by virtue of having asked appellant if he had been convicted of a narcotic offense in 1938.

At the trial, the appellant offered a defense of entrapment, contending that the government, through its agents, induced the appellant to commit a crime which he otherwise would…