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STATE v. SCHULTZ

No. 12751.

496 P.2d 893 (1972)

27 Utah 2d 391

STATE of Utah, Plaintiff and Respondent, v. Byron SCHULTZ, Defendant and Appellant.

Supreme Court of Utah.

May 4, 1972.

Attorney(s) appearing for the Case

Richard W. Campbell, Ogden, for defendant and appellant.

Vernon B. Romney, Atty. Gen., David S. Young, William T. Evans, Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.

CROCKETT, Justice:

Defendant Byron Schultz was convicted by a jury of the crime of selling narcotics, committed in the Ogden Municipal Park the afternoon of May 17, 1971.1 He contends that he was a victim of entrapment and that the trial court erred in refusing to so rule as a matter of law and dismiss the charge.

Ogden City Police Officer Phillip Roche along with an undercover informant, Gary Spangler, went to the park on the...

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