UNITED STATES v. TOY

No. 96, Docket 25710.

273 F.2d 625 (1960)

UNITED STATES of America, Appellee, v. Tom TOY, Appellant.

United States Court of Appeals Second Circuit.

Decided January 4, 1960.


Attorney(s) appearing for the Case

Harold O. N. Frankel, New York City (Abraham Glasser, New York City, on the brief), for appellant.

S. Hazard Gillespie, Jr., U. S. Atty., S. D. N. Y., New York City (James G. Starkey, Kevin T. Duffy, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit Judges.


WATERMAN, Circuit Judge.

Appellant was convicted of selling narcotics in violation of 21 U.S.C.A. § 173 and § 174. A jury trial having been waived, the case was heard by a judge only. On appeal appellant raises two contentions. The first relates to the defense of entrapment; the second to the holding of the district court that appellant was a second offender and therefore subject to the mandatory sentencing provisions...

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