Meyer

In respective counts of an indictment filed in the District Court, appellant and two defendants, Thomas Seslar and Rand Cole, were jointly charged with possession and transportation of a quantity of intoxicating liquor in violation of the National Prohibition Act (27 USCA § 12). A trial by jury was had, and appellant and Seslar were convicted on both counts, and Cole was acquitted on both counts.

From the judgment on the verdict of guilty, appellant alone has appealed, and contends, principally, that “he was the victim of an entrapment evolved by the government investigator,” and that the court erred in overruling his motion for a directed verdict interposed at the close of the trial on that ground.

Appellant also contends that the court erred in commenting to the jury, in the course of its instructions, on the validity of the defense of entrapment.

Appellant likewise contends that the court erred in denying his motion for a directed verdict, interposed at the close of the trial on the ground “that there is no testimony showing or tending to show, or upon which the jury could base a finding that defendant Meyer is guilty of either possession or transportation of this liquor,…