COM. v. BORGELLA


531 Pa. 139 (1992)

611 A.2d 699

COMMONWEALTH of Pennsylvania, Appellee, v. Frantz BORGELLA, Appellant.

Supreme Court of Pennsylvania.

Decided June 17, 1992.


Attorney(s) appearing for the Case

Thomas A. Thornton, Frederick W. Ulrich, Asst. Public Defenders, for appellant.

Julia Feld, Kathy G. Wingert, Dep. Dist. Attys., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION

ZAPPALA, Justice.

The issue presented for our consideration is whether the Superior Court erred in affirming the trial court's refusal to instruct the jury on the requested defense of entrapment. For the reasons that follow we now reverse the order of the Superior Court.

Appellant Frantz Borgella was convicted by a jury in the Court of Common Pleas of Dauphin County on two counts of unlawful delivery of a controlled substance.

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