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HERRERA v. UNITED STATES

No. 24406.

384 F.2d 525 (1967)

Daniel HERRERA, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 6, 1967.

Attorney(s) appearing for the Case

J. Douglas McGuire, San Antonio, Tex., for appellant.

Jeremiah Handy, Asst. U. S. Atty., Ernest Morgan, U. S. Atty., Western Dist. of Texas, Andrew L. Jefferson, Jr., Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before WISDOM, THORNBERRY and GOLDBERG, Circuit Judges.

PER CURIAM:

Herrera was indicted for having fraudulently or knowingly received, concealed, and facilitated the transportation of a narcotic drug in violation of 21 U.S. C.A. § 174. The defense was entrapment. After receiving from the district judge an enlightening and elucidating charge on the defense of entrapment, the jury found Herrera guilty.

The testimony viewed in the light most favorable to the government...

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