Flynn v. United States

VAN VALKENBURGH, Circuit Judge.

This is an appeal from a conviction for violation of the National Prohibition Act (27 USCA). The indictment contained eight counts. Appellant was convicted upon the first and eighth counts and acquitted upon the others. The first count charged sale, July 25, 1930, and the eighth transportation on September 26, 1930. Three assigned errors are relied upon to procure a reversal: (1) That the evidence entitled appellant to submission of the defense of entrapment, and that the court erred in refusing to give a requested instruction to that effect; (2) error in the…