Legal Opinion · Concurrence

State v. Mullen

Supreme Court of Iowa

Decided March 27, 1974No. 55519Published

1ConcurrenceUhlenhopp, Justice

(concurring specially) .

I am unable to concur in divisions II, III, and IV of the court’s opinion.

Involved here is the meaning of “entrapment”. This court approved the following statement, in reference to entrapment under narcotic drug laws, in State v. Heeron, 208 Iowa 1151, 1154, 226 N.W. 30, 31:

“[N]o man should be convicted of the violation of such laws, where he had no criminal intent to violate the same, but is induced to become a law violator by reason of the arts and wiles of public officials to depart from the path of being a law abiding citizen into the commission of crime. When the…

2Cases cited18 opinions

  1. United States v. RussellSupreme Court of the United States · 1973
  2. Sorrells v. United StatesSupreme Court of the United States · 1932
  3. Sherman v. United StatesSupreme Court of the United States · 1958
  4. People v. CalvanoNew York Court of Appeals · 1972
  5. Commonwealth v. MillerMassachusetts Supreme Judicial Court · 1972

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