People v. Soper

I am unable to accept my colleagues’ conclusion that the defendant was entrapped as a matter of law under the facts of this case. Defendant was convicted by a jury on March 12, 1973 of delivery of heroin, MCLA 335.341(l)(a); MSA 18.1070(41)(a). He was sentenced to a term of from 5 to 20 years in prison, and he appeals, raising three issues involving his defense of entrapment.

At trial the defendant took the stand and admitted the offense, choosing to rely on a defense of *680entrapment. The defendant testified that he had been a drug addict and that he had three previous convictions for drug…