UNITED STATES v. BEVINS

No. 19853.

430 F.2d 601 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Clinard Ermel BEVINS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

September 10, 1970.


Attorney(s) appearing for the Case

Francis D. Burke, Pikeville, Ky., for appellant, Burke and Justice, Pikeville, Ky., on brief.

J. T. Frankenberger, Asst. U. S. Atty., Lexington, Ky., for appellee, Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., on brief.

Before WEICK and EDWARDS, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.


PER CURIAM.

Appellant was charged in the first count of a two-count indictment with possession of moonshine whiskey, and in the second count with the sale of such whiskey. On trial to a jury, he admitted such possession and sale, but offered the defense of entrapment. The jury convicted him of possession, but acquitted him on the second count which charged sale. The trial judge, under a proper instruction, submitted the entrapment defense to the jury.

Appellant...

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