Legal Opinion
Smith v. Commonwealth, Pennsylvania State Horse Racing Commission
Commonwealth Court of Pennsylvania
Decided October 29, 1985No. Appeal, No. 3654 C.D. 1984PublishedCited by 5 opinions
1Opinion of the Court
Opinion by
Judge Craig,
Robert A. Smith questions a November 8, 1984 order of the Pennsylvania State Horse Racing Commission that revoked his jockey license, on the basis of 58 Pa. Code §167.5,81 Based on the results of an undercover investigation, and after a hearing, the commission concluded that Smith conspired to fix horse races. In this appeal Smith contends that the state, in its investigation, used procedures that, as a matter of law, entrapped Smith. He further contends that the commission, at its hearing, failed to allow him to use entrapment as a defense. We reverse.
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2Cases cited9 opinions
- Sorrells v. United StatesSupreme Court of the United States · 1932
- Sherman v. United StatesSupreme Court of the United States · 1958
- Patty v. Board of Medical ExaminersCalifornia Supreme Court · 1973
- Delguidice v. New Jersey Racing CommissionSupreme Court of New Jersey · 1985
- Daly v. CommonwealthCommonwealth Court of Pennsylvania · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Commonwealth v. ClappsSupreme Court of Pennsylvania · 1986
- Delaney v. PA. ST. HORSE RACING COM.Commonwealth Court of Pennsylvania · 1988
- Smith v. Pennsylvania State Horse Racing CommissionSupreme Court of Pennsylvania · 1988
- Smith v. CommonwealthCommonwealth Court of Pennsylvania · 1988
- Smith v. Pennsylvania State Horse Racing CommissionSupreme Court of Pennsylvania · 1988