Moore v. State

OPINION

Convicted of selling a controlled substance, appellants contend the trial court erroneously instructed the jury concerning their defense of entrapment.

Although the evidence indicates appellants procured a small quantity of marijuana, and delivered it to a narcotics officer in exchange for $205, on the facts it is arguable that they did so as the officer’s agent. See Roy v. State, 87 Nev. 517, 489 P.2d 1158 (1971). It also is arguable that appellants were unlawfully entrapped. See In re Wright, 68 Nev. 324, 232 P.2d 398 (1951). The trial court correctly instructed the jury on the…