ESCANDAR v. UNITED STATES

No. 18324.

295 F.2d 58 (1961)

Mario ESCANDAR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 14, 1961.


Attorney(s) appearing for the Case

Arthur B. Cunningham, Philip T. Weinstein, Miami, Fla., Harvey J. St. Jean, Miami Beach, Fla., for appellant.

David Clark, Asst. U. S. Atty., E. Coleman Madsen, U. S. Atty., Miami, Fla., Jacob F. Bumstead, Jr., Special Atty., on the brief, Washington, D. C., for appellee.

Before TUTTLE, Chief Judge, and JONES and WISDOM, Circuit Judges.


TUTTLE, Chief Judge.

The principal issue in this case is the contention by the accused that the trial court erred in refusing him, on trial for narcotics law violation, the right to offer in evidence a tape recording of out of court statements made by a government informer some two months after the informer's participation led to the arrest. A secondary issue is whether the court adequately charged the jury on entrapment.

The record here clearly supports a...

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