What is the test for refusing to instruct a co-conspirator to become an informer?
MultiRegion, United States of America
The following excerpt is from United States v. Busby, 484 F.2d 994 (9th Cir. 1973):
Since there is no evidence that the co-conspirators were attempting to gather evidence or information in an undercover capacity for the government, the informer instruction was properly refused. Hoffa v. United States, 385 U.S. 293, 87 S.Ct. 408, 17 L.Ed.2d 374 (1966); On Lee v. United States, 343 U.S. 747, 72 S.Ct. 967, 96 L.Ed. 1270 (1952).
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