PEOPLE v. McNEAL

Docket No. 23300.

72 Mich. App. 507 (1976)

250 N.W.2d 110

PEOPLE v. McNEAL

Michigan Court of Appeals.

Decided December 2, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and David A. Potts, Assistant Appellate Counsel, for the people.

Thomas Raguso & Associates (by Larry Barnett), for defendant.

Before: BASHARA, P.J., and M.F. CAVANAGH and D.T. ANDERSON, JJ.


BASHARA, P.J.

The appellant was convicted of delivery of heroin. MCLA 335.341(1)(a); MSA 18.1070(41)(1)(a). He appeals.

At the close of proofs the trial judge ruled there was no entrapment as a matter of law. He then submitted the issue of entrapment to the jury, on the assumption that to refuse would deprive the appellant of his right to a jury trial.

The first issue raised by appellant is whether the trial judge gave an erroneous instruction on the...

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