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STATE v. UNTERSEHER

Crim. No. 686.

289 N.W.2d 201 (1980)

STATE of North Dakota, Plaintiff and Appellee, v. Timothy UNTERSEHER, Defendant and Appellant.

Supreme Court of North Dakota.

February 14, 1980.

Attorney(s) appearing for the Case

Tom Tuntland, State's Atty., Mandan, for plaintiff and appellee; argued by James Johnson, Asst. State's Atty., Mandan.

Ralph A. Vinje, Bismarck, for defendant and appellant.

PEDERSON, Justice.

Timothy Unterseher was found guilty of delivery of a controlled substance in violation of §§ 19-03.1-07(4)(a) and 19-03.1-23(1)(b), NDCC, by a jury, and on this appeal claims the trial court erred in refusing to give two requested instructions relating to the defense of entrapment. We find no error. The conviction is affirmed.

Unterseher requested that the jury be instructed that:

"Entrapment can occur in either of two...

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