State v. Wilson

OPINION

WOOD, Chief Judge.

Defendant was convicted of selling and distributing heroin and marijuana in violation of §§ 54-11-20 and 54-11-22 (A) (1), N.M.S.A.1953 (Repl.Vol. 8, pt. 2, Supp. 1973). His appeal claims: (1) entrapment as a matter of law and (2) prejudicial remarks of the trial court.

Entrapment as a matter of law.

The entrapment contention goes to the heroin transaction. The jury was instructed on entrapment. Defendant asserts this was error on the basis there was entrapment as a matter of law.

Defendant asked an undercover agent if he would be interested in purchasing a pound of…