Legal Opinion

Marilou McCarthy v. United States

Court of Appeals for the Tenth Circuit

Decided September 10, 1968No. 9984_1PublishedCited by 9 opinions

1Opinion of the Court

ORIE L. PHILLIPS, Circuit Judge.

A two-count information was filed against McCarthy. Each count charged an unlawful sale of lysergic acid diethylamide (LSD). 1 She was tried and found guilty by a jury on each count. Imposition of sentence was suspended and she was placed on probation for a period of two years on each count, to run concurrently. She has appealed and asserts two grounds for reversal:(1) That the evidence established the defense of entrapment as a matter of law; and(2) That the evidence was insufficient to establish that the tablets which defendant sold were LSD.

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2Cases cited8 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Sherman v. United StatesSupreme Court of the United States · 1958
  3. Cross Johnson, Jr., and Shirley Johnson v. United StatesCourt of Appeals for the Tenth Circuit · 1967
  4. Arthur Rue Steiger v. United States of America, Marie Nola Steiger v. United States of America, Donald Romontion v. United StatesCourt of Appeals for the Tenth Circuit · 1967
  5. Ernest Clifford Lucas v. United StatesCourt of Appeals for the Tenth Circuit · 1966

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3Cited by9 opinions

  1. Donald Richard Munroe v. United States of America, Marian B. Munroe v. United StatesCourt of Appeals for the Tenth Circuit · 1970
  2. United States v. Oscar W. WeissCourt of Appeals for the Tenth Circuit · 1970
  3. United States v. Stephen Thomas FreemanCourt of Appeals for the Tenth Circuit · 1969
  4. Rodney Wolford v. United States of America, William Robert Morgan v. United StatesCourt of Appeals for the Tenth Circuit · 1968
  5. John Harrison 'Tot' Davidson v. The United States of AmericaCourt of Appeals for the Tenth Circuit · 1969

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