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VOIROL v. STATE

No. 2-580A135.

412 N.E.2d 861 (1980)

Ron VOIROL, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied January 23, 1981.

Attorney(s) appearing for the Case

Howard S. Grimm, Jr. and John F. Surbeck, Jr., Grimm & Grimm, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Michael Gene Worden, Asst. Atty. Gen., Indianapolis, for appellee.

YOUNG, Presiding Judge.

Appellant-defendant Ron Voirol was convicted of delivery of a controlled substance. His appeal urges that he was entrapped as a matter of law (insufficient evidence of predisposition) and that the trial court erred in instructing the jury. Because we reverse, we reach only the first of these issues.

Indiana has in effect a statute codifying the common law of entrapment. Ind. Code 35-41-3-9 provides

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