State v. Talbot

The opinion of the court was delivered by

Sullivan, J.

This appeal poses the issue whether entrapment is established as a matter of law if an informant, while acting in concert with an undercover police officer, but unknown to the officer and contrary to instructions, supplies the defendant with heroin for the purpose of then arranging a sale of the heroin by defendant to the undercover officer, which sale is then consummated. We hold that it is.

Defendant, John Talbot, III, was convicted of selling heroin to an undercover police officer, the jury having re*163jected his defense of entrapment. The…