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MOORE v. STATE

No. 3-978A247.

391 N.E.2d 1168 (1979)

Carson MOORE, Defendant-Appellant v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

July 17, 1979.

Attorney(s) appearing for the Case

John F. Surbeck, Jr., Deputy Public Defender, Fort Wayne, for defendant-appellant.

Theo. L. Sendak, Atty. Gen., Gordon R. Medlicott, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Presiding Judge.

Moore was convicted of delivering a controlled substance, L.S.D. His appeal urges that he was entrapped as a matter of law and that the court erred in instructing the jury.

The evidence reveals that Edward Johnson, a police officer acting undercover, saw Moore sitting in the driver's seat of a parked vehicle on County Road 75. Johnson got out of his vehicle and walked toward the driver's side of the Moore vehicle. He observed Moore...

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