KIMMONS v. STATE

No. Y-35.

322 So.2d 36 (1975)

Winifred KIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 2, 1975.


Attorney(s) appearing for the Case

Joe J. Harrell of Harrell, Wiltshire, Bozeman, Stone, Swearingen & Hart, Pensacola, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.


SMITH, Judge.

Kimmons appeals from a judgment and prison sentence entered on a jury verdict of his guilt on a charge that he delivered a barbiturate in violation of § 893.13(1)(a), F.S. 1973. Kimmons urges on appeal that his entrapment defense was established as a matter of law.

The issue is whether the evidence viewed most favorable to the State demonstrates that, at a time when appellant Kimmons had no intention...

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