Higby v. State

Defendant was charged in two counts (1) with the unlawful sale of a narcotic drug to David Reng, over twenty-one and (2) with conspiracy to commit a felony. His counsel moved for dismissal on the ground that the State’s evidence as presented at the preliminary hearing showed him to have been entrapped and acting as an agent of the State. This motion was denied as was a motion for change of judge, 1 and thereafter defendant’s counsel signed and filed “Waiver and Withdrawal of Defense,” stating, “Defendant Lawrence H. Higby, Jr., hereby withdraws and waives the defense of entrapment * * Upon a…