UNITED STATES v. KIRK

No. 9153.

324 F.2d 493 (1963)

UNITED STATES of America, Appellee, v. Dennis Lee KIRK and Carlis Lee Kirk, Jr., Appellants.

United States Court of Appeals Fourth Circuit.

Decided November 6, 1963.


Attorney(s) appearing for the Case

John A. Amick, Charleston, W. Va., for appellants.

Harry G. Camper, Jr., U. S. Atty. (Percy H. Brown, Asst. U. S. Atty., on brief), for appellee.

Before BELL, Circuit Judge, and BUTZNER, District Judge.


PER CURIAM.

Dennis Lee Kirk, convicted of unlawfully selling distilled spirits, and Carlis Lee Kirk, Jr., convicted of unlawfully possessing distilled spirits, appealed on the ground that they were entrapped into committing the crime. We hold that their conviction should be affirmed.

The defense asserted during the trial of the case was that a co-defendant possessed and sold the spirits and that the defendants were innocent bystanders. At no time prior to...

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