6 Mass. App. Ct. 867 | Mass. App. Ct. | 1978
Jacobs appeals from his convictions by a jury of threats with intent to extort money in violation of G. L. c. 265, § 25. Evidence presented by the Commonwealth was, in the main, tape recordings of conversations between Jacobs and Hayward, the victim of Jacobs’ threats. Hayward died before Jacobs was brought to trial. 1. Even if we were to accept Jacobs’ contention that the judge’s rulings on evidence prevented jury consideration of the defense of entrapment, there was no error. The evidence showed that Hayward, wired with recording equipment, met Jacobs, who threatened to beat Hayward unless he repaid certain loans. The evidence demonstrated that Hayward in no way incited Jacobs to utter the threats which were quickly forthcoming during their first recorded meeting where Hayward showed hesitation in repaying the loans. The police, through Hayward, had merely set the stage which afforded Jacobs with an opportunity to commit the crime. As the crime did not result from the creative activity of the police, there was no entrapment. Commonwealth v. Harvard, 356 Mass. 452, 459 (1969). Commonwealth v. Miller, 361 Mass. 644, 651-652 (1972). See Commonwealth v. Lozano, 5 Mass. App. Ct. 872, 873 (1977). Since there was no evidence from which the jury could have found entrapment, the judge did not err in not submitting that issue to the jury. See Pierce v. United States, 414 F.2d 163, 166-168 (5th Cir.), cert. denied, 396 U.S. 960 (1969); United States v. Hopkinson, 492 F.2d 1041, 1044 (1st Cir.), cert. denied, 417 U.S. 968 (1974). 2. Nor was there error in allowing the district attorney to'cross-examine Jacobs in regard to his prior criminal record. On direct examination defense counsel elicited from Jacobs that he was awarded a theatrical license, and that the requirements for the license were that he be a citizen and have "absolutely no record.” On cross-examination by the district attorney it developed that the application for the license required information of
Judgments affirmed.