Allen

Allen v. United States

Good Law
6 F.2d 199·1925 U.S. App. LEXIS 1993
United States Court of Appeals for the Ninth CircuitJune 1, 1925No. 4485California582 words

Opinion

Lead Opinion

Gilbert, J.

(after stating the facts as above). The plaintiff in error relies upon the defense of entrapment. On that subject the court instructed the jury, defining entrapment in general terms; but error is assigned to the refusal of a requested instruction more fully covering the particular facts which were testified to by the plaintiff in error. The defense of entrapment related only to the sale of the second bottle of whisky. The plaintiff in error in his testimony denied the sale of the first bottle and denied possession of the third bottle. The instruction so requested was that, “if the jury believe from the evidence that the defendant was induced by the importunities of the prohibition agents to violate the law, and that through the instigation of either or both of them he was induced to sell them the intoxicating liquors, and that he would otherwise not have violated the law, then you should return a verdict of not guilty.” Assuming that, in view of the defendant’s testimony, such an instruction as to entrapment might properly have heen given concerning the sale of the second bottle of whisky, there was no error in its denial by the trial court, for it wholly ignored the testimony…

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