State v. Houpt

The opinion o£ the court was delivered by

Kaul, J.:

Defendant appeals from a felony conviction for the sale of d-lysergic acid diethylamide, commonly called LSD, in violation of provisions of the Uniform Narcotic Drug Act, (K. S. A. and K. S. A. 1971 Supp. 65-2601, et seq. [repealed, Laws of 1972, Chapter 234 (Laws of 1972, Chapter 235, amending Chapter 234)]). A jury was waived and in a trial to the court defendant admitted the drug sale but claimed entrapment as a defense.

The state’s evidence consisted primarily of the testimony of David Stolzheise, an employee of the Sedgwick County Sheriff,…