State v. McClure

Defendant appeals a conviction of burglary entered on October 3, 1980, in the Fourth Judicial District in and for the County of Missoula. The nature of this appeal concerns the defense of entrapment.

The defendant is asking us to find that entrapment existed as a matter of law. This we cannot do. Whether or not defendant was lured or induced into committing the offense was a factual question for the jury, evidence being presented on either side. In such a situation we will not overturn a jury verdict. Consequently, we must affirm the conviction.

On March 27, 1980, the defendant and his friend,…