State v. Mahaffey

PREWITT, Judge.

Defendant was convicted of selling marijuana and sentenced to ten years’ imprisonment. He presents five points for our consideration. We discuss them in the order presented.

Defendant asserts in his first point that the trial court erred by refusing to give an instruction he tendered following MAI-CR2d 3.42 “Circumstantial Evidence”. He contends: “This instruction was very important to appellant’s case and was necessary to be given to the jury, mainly for the reason that defendant’s primary defense was that of entrapment. Appellant asserts that there was no direct evidence of…