PEOPLE v. SPENCER

Docket No. 3840.

193 Cal.App.2d 13 (1961)

13 Cal. Rptr. 881

THE PEOPLE, Respondent, v. LEE SPENCER, Appellant.

Court of Appeals of California, First District, Division One.

June 12, 1961.


Attorney(s) appearing for the Case

James B. Atkin, under appointment by the District Court of Appeal, for Appellant.

Stanley Mosk, Attorney General, Arlo E. Smith and Derald E. Granberg, Deputy Attorneys General, for Respondent.


TOBRINER, J.

Convicted of selling narcotics in violation of section 11501 of the Health and Safety Code, appellant urges on appeal the defense of entrapment. We have concluded, however, that the evidence utterly failed to establish an entrapment as a matter of law and that, in any event, appellant waived such a defense by his failure to raise it at the trial. We find no merit in respondent's assertion that this court lacks jurisdiction to consider the substantive...

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