Marshall v. United States

In Marshall v. United States (1959) 360 U.S. 310, the defendant was charged with unlawfully dispensing drugs to an undercover government agent. The defendant raised the defense of entrapment. The trial court excluded evidence that the defendant had previously practiced medicine without a license, which evidence had been proffered by the government to refute the entrapment defense. However, several jurors read newspaper articles discussing this prior misconduct. (Id. at pp. 310-312.) The United States Supreme Court reversed the judgment even though the trial court had polled the jurors and concluded there was no prejudice because the jurors stated they would not be influenced by the news articles. (Id. at pp. 312-313.)