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06/15/61 Elijah Smith, v. United States of America

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


June 15, 1961

ELIJAH SMITH, APPELLANT

v.

UNITED STATES OF AMERICA, APPELLEE.

Before BAZELON, FAHY and BURGER, Circuit Judges.

UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT. 1961.CDC.101

June 15, 1961.

PER CURIAM.

Appellant's conviction on fourteen counts of an indictment under the Narcotics laws *fn1 was based solely on the testimony of a young undercover police officer who circulated among young people, as "one of them," in "beatnik" establishments. Counts 1 and 2, relating to the first transaction between the officer and appellant, involved two marihuana cigarettes for which the officer gave no money to appellant; Counts 3 and 4 involved marihuana for which the officer gave $5.00 to appellant and which was used by appellant and another; Counts 5 and 6 involved heroin for which the officer gave appellant $6.00 and $1.00 for taxicab fare; Counts 9, 10 and 11 involved heroin for which the officer gave appellant $6.00 and 50 cents for streetcar fare; Counts 12, 13 and 14 involved heroin for which the officer gave appellant $6.00; and Counts 7 and 8 involved marihuana for which the officer gave appellant $20.00 and which appellant and others were preparing to smoke when the arresting officers appeared.

The sole defense at trial was entrapment - that under the cloak of friendship the officer induced appellant to procure the marihuana and heroin for him. Appellant contends that upon the evidence of entrapment he was entitled to a directed verdict of acquittal. We think, however, that under governing case law the issue was properly submitted to the jury. *fn2 Nor do we find any basis for reversal in the other objections raised by appellant.

Affirmed.


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