State v. Braun

CLARK, Judge.

The defendant assigns as error (1) the denial of his motion for nonsuit on the ground that the defense of entrapment had been established as a matter of law by the State’s evidence, and (2) that part of the trial judge’s charge which placed on defendant the burden of proving entrapment to the satisfaction of the jury, contending that placing this burden on the defendant violates the federal due process clause, U. S. Const, amend. XIV, § 1.

For his first assignment, defendant relies on State v. Stanley, 288 N.C. 19, 215 S.E. 2d 589 (1975), where the Supreme Court for the first time…