State v. Akin

COMPTON, Justice.

The appellant was convicted of the crime of selling marijuana in violation of § 54-7-14, N.M.S.A., 1953. At the trial he offered no testimony or other evidence in his behalf but moved for a directed verdict by reason of entrapment. The motion was denied. His tendered instructions on the defense of entrapment also were refused. Thereafter, upon a verdict of guilty, the appellant was sentenced and he appeals. The sole question before us is whether the evidence was sufficient to warrant an instruction on the defense of entrapment.

It is the appellant’s position that the testimony…