CERMAK v. UNITED STATES

No. 4177.

4 F.2d 99 (1925)

CERMAK v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

February 6, 1925.


Attorney(s) appearing for the Case

Wm. L. Day, of Cleveland, Ohio (Day & Day, of Cleveland, Ohio, on the brief), for plaintiff in error.

P. J. Mullen, Asst. U. S. Atty., of Cleveland, Ohio (A. E. Bernsteen, M. A. McCormack, and Fred S. Day, Asst. U. S. Attys., all of Cleveland, Ohio, on the brief), for the United States.

Before DENISON, MACK, and KNAPPEN, Circuit Judges.


DENISON, Circuit Judge.

This defendant below was a drug clerk, and he sold morphine to an addict, who at the time of the sale was acting as a "stool pigeon" for the narcotic inspectors. The trial judge told the jury that it should not consider at all the defense of entrapment. Hence all the testimony along that line must be taken most strongly for the defense.

Cermak's testimony, in connection with permissible interferences from other testimony, tended to...

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