Commonwealth v. Clawson

SPAETH, Judge:

A jury convicted appellant of delivery of marijuana in violation of The Controlled Substance, Drug, Device and Cosmetic Act. 1 He received a sentence of 6 to 23 months in a county prison, and a $50 fine. On this appeal he contends that the trial judge erred in refusing his request to instruct the jury on the defense of entrapment. We agree and therefore reverse the judgment of sentence and remand for a new trial. 2

According to the Commonwealth’s evidence the delivery of the marijuana occurred as follows. On January 27, 1975, at about 9:45 p.m., Pennsylvania State Police Officer…