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293 F.2d 532

Docket No. 16028.

Smith v. United States

District of Columbia Circuit Court of Appeals

Argued May 23, 1961.

Decided June 15, 1961.

District of Columbia Circuit Court of Appeals · decided 1961-06-15

Cited by 1 later decisions — most recently June 1961

1 federal appellate ·

2 counsel of record

Applies 26 U.S.C. § 7237

Relies on Sorrells v. United States · Sherman v. United States · Atchison, Topeka & Santa Fe Railway Co. v. Reddish

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1961-06-15

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¶1*533Mr. Earl H. Davis, Washington, D. C. (appointed by this court), for appellant.

¶2Mr. John R. Schmertz, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee. Mr. Oliver Gasch, U. S. Atty., at the time the record was filed, and Mr. Donald S. Smith, Asst. U. S. Atty., also entered appearances for appellee.

¶3Before Bazelon, Fahy and Burger, Circuit Judges.

¶4PER CURIAM.

¶5Appellant’s conviction on fourteen counts of an indictment under the Narcotics laws1 was based solely on the testimony of a young undercover police officer who circulated among young people, as “one of them,” in “beatnik” establishments. Counts 1 and 2, relating to the first transaction between the officer and appellant, involved two marihuana cigarettes for which the officer gave no money to appellant; Counts 3 and 4 involved marihuana for which the officer gave $5.00 to appellant and which was used by appellant and another; Counts 5 and 6 involved heroin for which the officer gave appellant $6.00 and $1.00 for taxicab fare; Counts 9, 10 and 11 involved heroin for which the officer gave appellant $6.00 and 50 cents for streetcar fare; Counts 12, 13 and 14 involved heroin for which the officer gave appellant $6.00; and Counts 7 and 8 involved marihuana for which the officer gave appellant $20.00 and which appellant and others were preparing to smoke when the arresting officers appeared.

¶6The sole defense at trial was entrapment — that under the cloak of friendship the officer induced appellant to procure the marihuana and heroin for him. Appellant contends that upon the evidence of entrapment he was entitled to a directed verdict of acquittal. We think, however, that under governing case law the issue was properly submitted to the jury.2 Nor do we find any basis for reversal in the other objections raised by appellant.

¶7Affirmed.

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