STATE v. FIECHTER

No. 10527.

547 P.2d 557 (1976)

89 N.M. 74

STATE of New Mexico, Petitioner, v. James Otis FIECHTER, Respondent.

Supreme Court of New Mexico.

March 15, 1976.


Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Jay F. Rosenthal, Asst. Atty. Gen., Santa Fe, for petitioner.

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, App. Defender, Donald Klein, Jr., Associate App. Defender, Santa Fe, for respondent.


OPINION

STEPHENSON, Justice.

Charged with the unlawful possession of a controlled substance1 (marijuana), Fiechter moved for dismissal during trial claiming entrapment as a matter of law. The trial court denied the motion, but gave an instruction on entrapment which Fiechter had requested.2 The jury convicted. The Court of Appeals reversed, holding entrapment existed as a matter of law. State v...

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