United States v. Frank Masciale

*602HINCKS, Circuit Judge.

The defendant appeals from his conviction on three counts of an indictment, two of which charged him with a sale of narcotics on March 2, 1954, in violation of two sections of the revenue laws, and the third (Count 5 of the indictment) with conspiracy to make a sale, in violation of 21 U.S.C.A. § 174.

As stated in his brief, “Defendant does not deny that the narcotics sale took place; he does not deny that he participated, though not directly, in that sale.” Instead, he invokes the defense of entrapment. On the ground that “the Government failed to produce any substantial…