Davila v. State

Alfredo Davila was tried by a jury and convicted pursuant to IC 1971, 35-24.1-4.1-1 (Burns Code Ed.), of selling heroin. On appeal he questions the sufficiency of evidence adduced at trial in the context of an entrapment defense.

Viewed most favorably to the State, the evidence reveals that on February 15, 1974, Lucy M. Cruz, at the behest of her mother’s fiancé, informed an undercover police agent that Davila wanted her to sell heroin and become a prostitute. Upon considering her situation, the agent had Cruz arrange a meeting between himself and Davila so that an illegal drug transaction…