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HUNT v. UNITED STATES

No. 14237.

258 F.2d 161 (1958)

James W. HUNT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 2, 1958.

Petition for Rehearing Denied September 5, 1958.

Attorney(s) appearing for the Case

Mr. Albert J. Ahern, Jr., Washington, D. C., with whom Mr. James J. Laughlin, Washington, D. C., was on the brief, for appellant.

Mr. Louis M. Kaplan, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Frederick G. Smithson, Asst. U. S. Attys., were on the brief, for appellee.

Mr. John W. Warner, Jr., Asst. U. S. Atty., also entered an appearance for appellee.

Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.

Petition for Rehearing In Banc Denied September 5, 1958.

PER CURIAM.

Appellant was convicted of narcotics violations. In his testimony he admitted selling narcotics to a police undercover agent on six separate occasions over a period of several weeks. His defense is that he was entrapped into these acts by the police agent. The testimony was conflicting; appellant's evidence arguably made out entrapment as a matter of law1 and...

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