People v. Benford

— An indictment filed April 15, 1958, charged that on December 11, 1957, defendant “did . . . feloniously sell, furnish and give awajr . . . marijuana” in violation of section 11500 of the Health and Safety Code and that in 1951 lie had suffered a conviction under the same sec tion. After trial the court found defendant guilty as charged and found that the allegation of the 1951 prior conviction was true. Defendant appeals from the ensuing judgment. He urges that as a matter of law uncontradieted testimony of a police officer establishes the defense of entrapment. Also he asks this court to…