George Fletcher v. United States

A police informer induced appellant to sell him heroin. “That being so, the burden was on the Government, by way of reply to the defense of entrapment, to prove a sufficient excuse for the inducement.” United States v. Masciale, 2 Cir., 236 F.2d 601, 603. The reason for this rule seems clear. “The function of law enforcement * * * does not include the manufacturing of crime.”1 Ordinarily, government agents who induce crime are guilty of crime and the man they induce has the defense of entrapment. The Government must therefore prove extraordinary circumstances in order to convict.

Judge Learned…