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MUDAY v. STATE

No. 3-483A111.

455 N.E.2d 984 (1983)

John Walter MUDAY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

November 17, 1983.

Attorney(s) appearing for the Case

Lee F. Mellinger, Elkhart, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge.

Following a jury trial, John Walter Muday (Muday) was convicted of delivery of a controlled substance,1 a class B felony, for selling phencyclidine (PCP) to a police officer. On appeal, Muday raises three issues:

(1) Whether the evidence is sufficient to overcome Muday's defense of entrapment by showing that he was predisposed to deliver drugs; (2) Whether it was fundamental error for the trial court to...

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