Roger Harris v. United States , 331 F.2d 95 ( 1963 )

PER CURIAM.

Appellant was indicted, tried and convicted of the crime of bribery. It appears that two police officers called at appellant’s apartment on a routine investigation of suspected illegal activity, i. e., gambling. Prior to their second call they advised their commanding of-fieer that they suspected, due to some conversation had with appellant upon the first call, that appellant might attempt a bribery. They left with the commanding officer all the money they had in their pockets. When they reached appellant’s apartment they were admitted and, having entered, walked around and looked over the room. Appellant testified that one of the officers picked up a cigar and' said: “Well, I can’t afford to smoke-these. I can’t afford two for a quarter.” Appellant then gave the officers six dollars apiece. He testified: “I said, ‘You-all get you some cigars.’ ” The officers placed him under arrest, returned to headquarters, and gave their commanding officer the twelve dollars.

Upon the trial appellant defended upon the ground of entrapment and requested an instruction on that theory. The trial judge was of opinion that the-evidence was not sufficient to raise an issue as to entrapment, and declined to-give the instruction. We agree with the trial court.

Affirmed.