U.S. Court of Appeals for the Fifth Circuit, 1965

Buford Waldroff v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided February 2, 1965 · Tuttle, Moore, Bell

341 F.2d 378; 1965 U.S. App. LEXIS 6687 (Federal Reporter, Second Series)

Counsel

S. Gunter Toney, Tallahassee, Fla., for appellant., John W. Popper, Jr., Floyd M. Buford, U. S. Atty., Sampson M. Culpepper, Asst. U. S. Atty., Macon, Ga., for appellee.

Opinion

PER CURIAM.

Appellant was convicted of possessing, ^selling, and transporting non-tax-paid 'whiskey. He admitted the acts in question and relied on the defense of entrapment. This defense was submitted to the jury as a fact issue, and this necessarily included all questions relative to inducement and predisposition. The submis-sion was proper under the evidence adduced, and there the matter ended. Ha-gans v. United States, 5 Cir., 1963, 315 F.2d 67, cert, den., 375 U.S. 826, 84 S.Ct. 68,11 L.Ed.2d 58.

Affirmed.

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