People v. Hall

STERNBERG, Judge.

The defendant, Du Wayne Francis Hall, appeals his conviction of two counts of sale of narcotics in violation of § 12-22-302, C.R.S. 1973 (1978 Repl. Yol. 8). The principal issue raised in this appeal is whether the trial court erred in denying defendant’s motion for acquittal based upon the “procuring agent defense.” We conclude that this defense was available to Hall in a prosecution under this statute, that the motion for acquittal should have been granted, and accordingly reverse.

Crucial to the People’s case was the testimony of an undercover detective of the Colorado…