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UNITED STATES v. PICKLE

No. 28183.

424 F.2d 528 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Harold PICKLE and Jackie Edward Pickle, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 8, 1970.

Attorney(s) appearing for the Case

Arthur J. Hanes, Jr., Birmingham, Ala., Arthur J. Hanes, Sr., Birmingham, Ala., of counsel, for appellants.

Wayman G. Sherrer, Macon L. Weaver, U. S. Attys., R. Macey Taylor, Asst. U. S. Atty., L. Scott Atkins, Birmingham, Ala., for appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

Appellants were convicted of liquor offenses under 26 U.S.C.A. §§ 7206(4), 5604(a) (1) and 5691.

The rule in this Circuit is that a denial of the commission of the acts charged is inconsistent with a defense of entrapment. Marko v. United States, 314 F.2d 595 (5th Cir. 1963). Appellants denied the acts alleged. They are not within the decision in Sears v. United States, 343...

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