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NAPOLITANO v. UNITED STATES

No. 1821.

3 F.2d 994 (1925)

NAPOLITANO v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

February 17, 1925.

Attorney(s) appearing for the Case

Raymond S. Oakes, of Portland, Me. (Oakes & Skillin, of Portland, Me., on the brief), for plaintiff in error.

William B. Nulty, Asst. U. S. Atty., of Portland, Me. (Frederick R. Dyer, U. S. Atty., of Portland, Me., on the brief), for the United States.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

Defendant was convicted under the Harrison Narcotic Act (Comp. St. §§ 6287g-6287q) of buying, possessing, and selling morphine in Portland, Me. He testified before the jury. At the close of the evidence, he moved for a directed verdict, on the ground that he was improperly trapped into the commission of the crime. This is the sole error assigned. The court instructed the jury fully on this aspect of the case; no exception was taken...

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