The trial court erroneously charged as follows: "You must also determine whether the defendant gained any financial or personal gain from the transaction in question. If he did, he cannot be considered an agent of the buyer." Defendant properly excepted to this charge. On this record the jury could have found that defendant acted solely as the buyer's agent, even though he received $200 from the undercover police buyer for setting up a drug sale. The court, by its charge...
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