Masciale v. United States

This case presents the same issue as Sherman v. United States, ante, p. 369, decided this day: Should petitioner’s conviction be set aside on the ground that as a matter of law the defense of entrapment was established? Cf. Sorrells v. United States, 287 U. S. 435. Petitioner was convicted on three counts, two of which charged him with the illegal sale of narcotics and one with conspiracy to make a sale.1 The issue of entrapment went to the jury,2 *387and conviction followed. The Court of Appeals for the Second Circuit affirmed. 236 F. 2d 601. We granted "certiorari. 352 U. S. 1000.

The evidence…