Masciale v. United States, 356 U.S. 386 (1958)

Masciale v. United States

No. 84

Argued January 16, 1958
Decided May 19, 1958
356 U.S. 386

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

At the trial in a Federal District Court in which petitioner was convicted of the illegal sale of narcotics and conspiracy to make a sale, he did not deny the sale or his participation in it, but claimed that he was entrapped by government agents. The testimony on the issue of entrapment was conflicting, and the judge submitted it to the jury under instructions to which no objection was made.

Held: on the record in this case, the trial court properly submitted the case to the jury, and the conviction is sustained. Pp. 386-388.

236 F.2d 601 affirmed.