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STATE v. CALDWELL

No. 218.

105 S.E.2d 189 (1958)

249 N.C. 56

STATE v. Lester Francis CALDWELL, Jack Ayscue, David Dennis Quick, William Oliver Spencer, and Arthur Monroe Brown, Jr.

Supreme Court of North Carolina.

October 15, 1958.

Attorney(s) appearing for the Case

Malcolm B. Seawell, Atty. Gen., Harry W. McGalliard, Asst. Atty. Gen., for the State.

Marvin L. Ritch, Charlotte, for defendant Lester Francis Caldwell, appellant.

Henry E. Fisher, Charlotte, for defendant Arthur Monroe Brown, Jr., appellant.

Hugh M. McAulay, Charlotte, for defendant William Oliver Spencer, appellant.

Francis M. Fletcher, Jr., Charlotte, of counsel, for defendants on appeal.

HIGGINS, Justice.

The two cases are inseparably linked together. The substantive offense is but part and parcel of the conspiracy. The appellants, for their defenses, rely upon their pleas of entrapment. The courts generally hold that a verdict of not guilty should be returned if an officer or his agent, for the purpose of prosecution, procures, induces or incites one to commit a crime he otherwise would not commit but for the persuasion, encouragement, inducement...

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