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MARSHALL v. UNITED STATES

No. 5796.

258 F.2d 94 (1958)

Howard R. MARSHALL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 21, 1958.

Certiorari Granted November 17, 1958.

Attorney(s) appearing for the Case

George J. Francis, Denver, Colo., for appellant.

Arthur A. Dickerman, Los Angeles, Cal. (Donald E. Kelley, U. S. Atty. for District of Colorado, Robert S. Wham and James C. Perrill, Asst. U. S. Attys., for District of Colorado, Denver, Colo., and Leonard D. Hardy, Atty. U. S. Department of Health, Education and Welfare, Washington, D. C., on the brief), for appellee.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

Certiorari Granted November 17, 1958. See 79 S.Ct. 153.

LEWIS, Circuit Judge.

Appellant was convicted on two counts of an information charging violation of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. The principal issues before us spring from appellant's contentions that as a matter of law the defense of entrapment was established and that he was prejudiced beyond recall by newspaper accounts...

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