STATE v. BUSSCHER

No. 4866.

407 P.2d 715 (1965)

The STATE of Nevada, Appellant, v. Harry A. BUSSCHER, Respondent.

Supreme Court of Nevada.

Rehearing denied December 20, 1965


Attorney(s) appearing for the Case

Harvey Dickerson, Atty. Gen., Carson City; William J. Raggio, Dist. Atty., and Herbert F. Ahlswede, Deputy Dist. Atty., Washoe County, Reno, of Reno, for Appellant.

Bradley & Drendel, of Reno, for Respondent.


THOMPSON, Justice.

A jury found Busscher guilty of suborning perjury. In accordance with NRS 175.540 he applied for a new trial, before judgment was entered and sentence pronounced. The district court granted his motion, stating that "the evidence shows the defense of entrapment to have been affirmatively and positively proved." We take that language to mean that entrapment was established as a matter of law. For the reasons hereafter expressed, we hold that the record...

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