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UNITED STATES v. DEHAR

No. 240, Docket 31787.

388 F.2d 430 (1968)

UNITED STATES of America, Appellee, v. Arthur DEHAR, Appellant.

United States Court of Appeals Second Circuit.

Decided January 11, 1968.

Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, New York City, New York Legal Aid Society, of counsel), for appellant.

Paul K. Rooney, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., Roger J. Hawke, Asst. U. S. Atty., of counsel), for appellee.

Before KAUFMAN, ANDERSON and FEINBERG, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The narrow but troublesome issue presented on this appeal is whether the trial judge properly refused to submit the question of entrapment to the jury. Arther Dehar was found by a jury to be guilty of concealing and transporting approximately 82 kilograms of marijuana in violation of 21 U.S.C. § 176a and was sentenced to 5 years' imprisonment.1 In his opening statement Dehar's counsel made it crystal...

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