Legal Opinion

Peterson v. United States

Court of Appeals for the Ninth Circuit

Decided February 3, 1919No. 3185PublishedCited by 26 opinions

In Error to the District Court of the United States for the Southern Division of the Northern District of California; Edward S- Farrington, Judge. Criminal prosecution by the United States against Ida Peterson. Judgment of conviction, and defendant brings error.

1Opinion of the Court

ROSS, Circuit Judge.

[1] It is the settled rule in this circuit that, where the officers of the law have incited a person to commit the crime charged, and lured him on to its consummation with the purpose of arresting him in its commission, the law will not authorize a verdict of guilty. Taylor v. United States, 193 Fed. 968, 113 C. C. A. 543; Woo Wai v. United States, 223 Fed. 412, 137 C. C. A. 604; Sam Yick et al. v. United States, 240 Fed. 60, 153 C. C. A. 96. The distinction between such a case and the well-recognized rule authorizing the use of decoy letters to detect a crime already…

2Cases cited4 opinions

  1. Woo Wai v. United StatesCourt of Appeals for the Ninth Circuit · 1915
  2. Yick v. United StatesCourt of Appeals for the Ninth Circuit · 1917
  3. Holsman v. United StatesCourt of Appeals for the Ninth Circuit · 1918
  4. Taylor v. United StatesCourt of Appeals for the Ninth Circuit · 1912

3Cited by26 opinions

  1. Sorrells v. United StatesSupreme Court of the United States · 1932
  2. Butts v. United StatesCourt of Appeals for the Eighth Circuit · 1921
  3. United States v. ReisenweberCourt of Appeals for the Second Circuit · 1923
  4. Malatkofski v. United States. Seigel v. United StatesCourt of Appeals for the First Circuit · 1950
  5. State v. MarquardtSupreme Court of Connecticut · 1952

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