People v. McNeal

The appellant was convicted of delivery of heroin. MCLA 335.341(l)(a); MSA 18.1070(41)(l)(a). He appeals.

At the close of proofs the trial judge ruled there was no entrapment as a matter of law. He then submitted the issue of entrapment to the jury, on the assumption that to refuse would deprive the appellant of his right to a jury trial.

The first issue raised by appellant is whether the trial judge gave an erroneous instruction on the objective standard of entrapment. However, we perceive the primary issue to be whether the court erred in submitting the question of entrapment to the jury.

In…