The Coconino sun., 1924-08-01

with the transaction, is V1rlated by the
fact that a plan was formed here by
the government officers and the wit
ness Newton to entice the defendant
into the commission of the very crime
with which he is now charged. 1t the
defendant was not engaged or was not
about to become engaged in manufac-
turing, possessing, selling or trans
porting Intoxicating liquor unlawfully
and he would not have engaged in
this business, if you find that he did
engage in it, had it not been for the
inducements made to him by the wit
ness Newton or the government off
GERS and that he did engage in this
business wholly through suggestions
and inducements made to him by such
parties and not by his own free will
and accord, then it would be your duty
to find the defendant not guilty.
further charge you that it is entirely
proper and it is within the strict right
of the law officers of the government
in their administration of a law of
this nature and their guarding it from
violation, when they have reason to
believe that person is engaged in a
violation of the law to take any steps
of the character that have been des-
cribed in this case by the government
officers and the witness Newton for
the purpose of determining whether
the defendant was engaged in the vio-
lation of law. If you find from the
evidence beyond a reasonable doubt
that the defendant Gregson by his
49, y. T. III - I,
or the witness Newton to believe and
they had reason to believe that he
was engaged in possessing, manufac-
turing, selling and transporting intox
icating liquor in violation of law, then
/ instruct you that the methods en-
ployed and steps taken by the officers
and the witness Newton, as testified
to by them, for the purpose of deter
mining whether the said defendant was
engaged in a violation of the law and
for the purpose of experimenting him
in such violation do not constitute
such entrapment as would relieve the
offense charged or constitute de-
Tense thereto, if you find that such
offense has been committed. 1t must
appear, however, beyond a reasonable
doubt that the defendant has commit
ted the acts necessary to constitute
the crime charged or did assist or aid
and abet in it's commission, knowing
that crime was being committed. 1t
is and always has been the law that
if the officers have reason to believe
that man is engaged in "a violation
of the penal statute, then they have
a right, in order to apprehend or de-
tect him in the commission of such
crime, to participate with him to such
extent as to enable them to obtain
evidence of his guilt. If this were not
the law, it would be frequently impos-
sible for the government to apprehend
criminals. Certain witnesses have de-
clined to answer certain questions
propounded to them, upon the ground
that their answer would tend to in
criminate them. You are instructed,
gentlemen, that you should not draw
any inference of the defendants guilt
from the mere fact that the--such
witnesses have availed themselves of
their right to decline to answer. Now,
in cause 744, or cause 744, rather,
three forms of verdict have been pre-
pared for you. One, eve, the jury
and sworn in the above en-
titled cause, upon our oaths do find
the defendant not guilty." The
second, eve, the jury duly empanelled
and sworn in the above entitled cause,
upon our oaths do find the defendant
guilty in manner and form as charged
in the information" The third, I'VE,
the jury duly empanelled and sworn
in the above entitled cause, upon our
oaths do find the defendant
charged in the first count of the in
formation and--as charged in
the second count and--as charged
in the third count" If you should find
the defendant guilty of one charge
and not guilty of another, you may
express it by using that form of ver-
dict according to your conviction. In
744, the forms are the same. When you
have retired to the jury room, you will
elect one of your number as foreman
Of the jury and when you have agreed
upon verdict, you will cause your
foreman. to sign that verdict which
represents your conclusions in each
case and return it into open court.
Your verdict must be unanimous. You
may swear the baliffs.