Idaho Supreme Court, 1928

State v. Webster

Idaho Supreme Court · Decided November 7, 1928 · Lee, Budge, Taylor, Hartson

271 P. 578; 46 Idaho 798; 1928 Ida. LEXIS 175

Cases that cite this one

8 later published cases cite this decision.

Howard v. Felton (Idaho 1963)
O'BRIEN v. United States (7th Cir. 1931)
State v. Ingram (Idaho Ct. App. 2003)
State v. Mata (Idaho Ct. App. 1984)
State v. Totten (Idaho 1978)
State v. Segovia (Idaho 1970)
State v. Whitlock (Idaho 1960)
State v. Garde (Idaho 1949)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*800 WM. E. LEE, C. J.

Appellant was convicted of a sale of intoxicating liquor to two agents of the sheriff. The only point on which the appeal is predicated is the failure to give a requested instruction on entrapment. There was no error. The evidence showed no more than that appellant was given an opportunity to either violate the law or to refuse to do so, which does not constitute entrapment. (State v. Johnson, 42 Ida. 381, 246 Pac. 531; Simmons v. People, 7 Colo. 262, 199 Pac. 416; Ex parte Moore, 70 Cal. App. 483, 233 Pac. 805; 16 C. J., p. 88, sec. 57.) There being no evidence of entrapment, there was no necessity for the proposed instruction. (State v. White, 33 Ida. 697, 197 Pac. 824.)

Judgment affirmed.

Budge, Givens and' Taylor, JJ., and Hartson, D. J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.