Judgment reversed, on the law, and new trial ordered.
The facts have been considered and are determined to have been established. Defendant was tried on consolidated indictments charging him with three sales of heroin in February and March of 1974 to an undercover police officer. The theory of the defense was that the defendant had merely acted as the purchaser's agent in each of the above transactions and that he was not, therefore, chargeable with the sales (see...
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