Howard v. Felton

with whom SPEAR, District Judge, concurs (dissenting).

In addition to the facts stated in the majority opinion, it should be recorded here that the solicitation of Johnson and Whit-lock by officer Howard was not by accident or happenstance. The officer testified he was sent to Lewiston to investigate illegal sales of liquor as follows:

“Q. You came in here to investigate certain situations didn’t you?

“A. Yes.

“Q. And what situations?

“A. Illegal sales of liquor.

“Q. What illegal sales of liquor?

“A. By the Lewiston Cab Company.

“Q. And what men at the Lewiston Cab Company?

“A. Mr. Johnson and Mr.…