State v. Whitney

A police detective, aided by an informant, persuaded one Scalese to put him in touch with a seller of marijuana. The appellant was contacted and delivered five "pound" bags of the substance to the detective, in the presence of Scalese, at which time both he and Scalese were arrested. The two, charged with possession with intent to manufacture or deliver, were granted separate trials. The jury in the Scalese trial, which was held first, found the defendant not guilty. Scalese had defended on the grounds of alleged entrapment and lack of proof of possession. The attorney for Scalese, Richard…