Legal Opinion
State v. Sherburne
Supreme Judicial Court of Maine
Decided December 9, 1976PublishedCited by 6 opinions
1Opinion of the Court
POMEROY, Justice.
To Herbert’s question, “Wouldst thou both eat thy cake, and have it ?” 1 the appellant apparently responds, “Yes, I would.” This is manifest by the issues she raises in this appeal from a judgment entered on a jury verdict of guilty of the crime of sale of cannabis. 22 M.R.S.A. § 2384 (repealed 1975, Laws of Maine, c. 499, § 52, effective May 1, 1976).
We deny the appeal.
By so doing, we intend to make it clear that those who are charged with sale of contraband (of which there are ever increasing numbers) cannot eat their cake, i. e., generate the issue of entrapment, and have…
2Cases cited7 opinions
- United States v. RussellSupreme Court of the United States · 1973
- Hampton v. United StatesSupreme Court of the United States · 1976
- Miller v. PateSupreme Court of the United States · 1967
- State v. MathesonSupreme Judicial Court of Maine · 1976
- State v. CloutierSupreme Judicial Court of Maine · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. DelkCourt of Criminal Appeals of Tennessee · 1985
- State v. RiceSupreme Judicial Court of Maine · 1977
- Concord General Mutual Insurance v. Home Indemnity Co.Supreme Judicial Court of Maine · 1977
- State v. LeClairSupreme Judicial Court of Maine · 1978
- State v. JonesSupreme Judicial Court of Maine · 1978
1 more not listed; retrieve them via the Exa API.