STATE v. PERKINS

No. 10714.

19 Utah 2d 421 (1967)

432 P.2d 50

THE STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. PAUL PERKINS, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

September 27, 1967.


Attorney(s) appearing for the Case

Jimi Mitsunaga, Legal Defender, Gerald H. Kinghorn, Asst. Legal Defender, Salt Lake City, for appellant.

Phil L. Hansen, Atty. Gen., J. Franklin Allred, Asst. Atty. Gen., Salt Lake City, for respondent.


ELLETT, Justice:

The defendant was convicted of possessing and selling a narcotic drug, to wit, heroin. By this appeal he makes two claims of error on the part of the trial court. First, he says the evidence shows entrapment as a matter of law and the court erred in not granting his motion to dismiss at the end of the State's case. Second, he assigns error on the part of the trial court in permitting the State, before defendant had offered any affirmative defense...

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