State v. Day

Defendant was convicted, by jury, of knowingly and unlawfully selling for a consideration a regulated drug, cocaine, in violation of 18 V.S.A. § 4224(g). At trial, he relied upon the “procuring agent” defense. His appeal raises the following issue: Did the trial court adequately instruct the jury as to this theory of defense? We conclude that the charge was adequate and affirm.

Vermont recognizes the “procuring agent” defense. Where the sale of a regulated drug for a consideration forms the basis of the crime charged, the State must prove beyond a reasonable doubt that defendant was a…