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UNITED STATES v. RILEY

No. 25671.

434 F.2d 247 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Sylvester RILEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 10, 1970.

Attorney(s) appearing for the Case

Barry Tarlow (argued), Los Angeles, Cal., for defendant-appellant.

Richard L. Jaeger (argued), Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Criminal Division, Los Angeles, Cal., for plaintiff-appellee.

Before BROWNING, CARTER, and KILKENNY, Circuit Judges.

PER CURIAM:

The trial court undertook to hear and decide the defense of entrapment itself. After considering evidence received at a hearing outside the presence of the jury, the court rejected the defense and declined to submit it to the jury. The government concedes that this was error (see Erwing v. United States, 394 F.2d 829, 830 (9th Cir. 1968)), but contends that the error was harmless because (1) the evidence was insufficient...

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