Bakotich

Plaintiff in error was convicted under an indictment charging unlawful possession and sale of moonshine whisky and maintenance of a nuisance'. He assigns as error the refusal of the court to give certain requested instructions pertaining to entrapment and to the giving of an instruction upon the use of decoys.

The first request refused was to the effect that, where criminal intent originates in the mind of the defendant, the fact that officers used decoys or truthful statements to furnish opportunity for the accused to commit,the crime, in order to proseeute him, is not a defense, but that, if the accused never con *387 eeived any intention of committing the offense, the fact that the officer incited, or by persuasion and misrepresentation induced, him to commit the offense charged, in order to entrap him, then the accused is entitled to acquittal. In the second request the court was asked to charge that, where criminal intent originates in the mind of the entrapping person, and the accused is lured into the commission of the offense charged, as a rule no conviction can be had, and the criminality of the act is not affected by any question of consent, and that if, in the case…