State v. Brown

QUILLEN, Judge.

The defendant, Diane Johnson Brown, was found guilty by a jury of two counts of sale of marijuana. The defense has filed a "Motion for Verdict of Acquittal Notwithstanding the Verdict of the Jury or, in the Alternative, a New Trial”. The defendant claims she was entitled to a directed verdict of acquittal because of entrapment and further that the charge to the jury placing the burden on the defendant on entrapment by a preponderance of the evidence was plain error requiring a new trial even in the absence of an exception.

The question of entrapment was a factual one and…