State v. Claire

Defendant was convicted on two counts of delivering a controlled substance, to wit, marijuana. He assigns as error the failure of the State to prove the substances were cannabis sativa L; the failure to expand on instruction on entrapment; and the rejection of certain collateral evidence. We affirm the judgment of conviction.

Defendant introduced evidence to the effect that there are at least two other species of the genus cannabis in addition to cannabis sativa L. The Nebraska statute, section 28-4,115 (14), R. S. Supp., 1974, defines marijuana as Cannabis sativa L. In this respect it is…