Legal Opinion

United States v. Minor Jones, Jr.

Court of Appeals for the Fifth Circuit

Decided May 14, 1973No. 72-2473PublishedCited by 19 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

This appeal is from a conviction of conspiracy to violate liquor laws.

1. ENTRAPMENT

We reject the contention of defendant that entrapment was established as a matter of law entitling him, to a judgment of acquittal. This circuit has followed the classic formulation of United States v. Sherman, 200 F.2d 880 (2d Cir. 1952), that entrapment presents two separate issues of fact, first, whether there was governmental inducement, and, second, if there was inducement whether the defendant was ready and willing to commit the act without persuasion. Pierce v. United States, 414…

2Cases cited5 opinions

  1. Williams v. New YorkSupreme Court of the United States · 1949
  2. Townsend v. BurkeSupreme Court of the United States · 1948
  3. Williams v. OklahomaSupreme Court of the United States · 1959
  4. United States v. ShermanCourt of Appeals for the Second Circuit · 1952
  5. William Clayton Pierce v. United StatesCourt of Appeals for the Fifth Circuit · 1969

3Cited by19 opinions

  1. United States v. Thurnell Alston, Ervin BrennonCourt of Appeals for the Eleventh Circuit · 1990
  2. United States v. Eliseo Espinoza, Jr.Court of Appeals for the Fifth Circuit · 1973
  3. United States v. Thomas Andrews, A/K/A Tank Andrews, Beverly Stokes, Ollie Tatum and Alvin RoysterCourt of Appeals for the Eleventh Circuit · 1985
  4. State v. DownsOhio Supreme Court · 1977
  5. United States v. Robert Edward Dickens, Sr., Gus Peter Glenos and Robert Morrison, DefendantsCourt of Appeals for the Fifth Circuit · 1975

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