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COM. v. CLAWSON

250 Pa.Super. 422 (1977)

378 A.2d 1008

COMMONWEALTH of Pennsylvania v. Walter B. CLAWSON, Appellant.

Superior Court of Pennsylvania.

Decided October 6, 1977.

Attorney(s) appearing for the Case

Edward F. Browne, Jr., Assistant Public Defender, Lancaster, for appellant.

Louise G. Herr, Assistant District Attorney, and D. Richard Eckman, District Attorney, Lancaster, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

SPAETH, Judge:

A jury convicted appellant of delivery of marijuana in violation of The Controlled Substance, Drug, Device and Cosmetic Act.1 He received a sentence of 6 to 23 months in a county prison, and a $50 fine. On this appeal he contends that the trial judge erred in refusing his request to instruct the jury on the defense of entrapment. We agree and therefore reverse the judgment of sentence and remand for a new trial.

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