Schmidt v. Commonwealth

MILLIKEN, Justice.

This is an appeal from a conviction in the Muhlenberg Circuit Court on the charge of selling marijuana. The defendant, admitted to bail pending this appeal, was sentenced to a year in jail and fined $500.

On appeal, the defendant-appellant presents two issues:(1) Whether the instructions given by the trial court were in conformity with RCr 9.56; and,(2) whether the trial court ruled correctly in denying the appellant’s proposed defense of entrapment.

On September 23, 1972, around sunset, Don Garrett, an off-duty state trooper, drove in to the parking lot of the P. N. Hirch…