People v. Nelson White

Defendant was convicted by a jury of selling marijuana without a license contrary to MCLA § 335.152 (Stat Ann 1957 Rev § 18.1122). He was sentenced to 20 to 25 years in prison.

Initially, defendant urges that the trial court erred in refusing to instruct the jury on defendant’s theory of entrapment. The trial court’s refusal was proper.

Defendant denied making the sale. The defense of entrapment is not available when the offense is denied. People v. Mum (1922), 220 Mich 555; Tomi-ta v. Tucker (1969), 18 Mich App 559. Cf. Hansford v. United States (1962), 112 US App DC 359 (303 F2d 219).

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