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STATE v. KUMMER

Crim. No. 910138.

481 N.W.2d 437 (1992)

STATE of North Dakota, Plaintiff and Appellee, v. Terry Lee KUMMER, Defendant and Appellant.

Supreme Court of North Dakota.

February 20, 1992.

Attorney(s) appearing for the Case

John T. Goff (argued), State's Atty., Fargo, for plaintiff and appellee.

Brian W. Nelson (argued) of Nelson Law Office, Fargo, for defendant and appellant.

MESCHKE, Justice.

Terry Lee Kummer appeals from a conviction for possession of a controlled substance with intent to deliver. The conviction arose out of a "reverse sting" operation conducted by officers of the Fargo Police Department and the narcotics division of the State Bureau of Criminal Investigations. Because we believe that the undisputed facts of this case show that the police used unlawful means to induce the crime, establishing entrapment as a matter of...

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