Barclay v. Commonwealth

STEINFELD, Justice.

Appellant Mike Barclay was found guilty of selling LSD, a dangerous drug, and his punishment was fixed at three years in the penitentiary and a fine of $5,000. KRS 217.731(2). He also was found guilty of selling marijuana in violation of KRS 218A.990(4) and was fined $500. From the judgment he appeals. We affirm.

Barclay admits that he sold the marijuana, but he claims that Police Officer Shanks, to whom the sale was made, entrapped him and therefore the trial court should have instructed the jury on this subject, as he requested. He relies on Eisner v. Commonwealth, Ky.,…