PEOPLE v. HALL

No. 79CA0674.

622 P.2d 571 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. DuWayne Francis HALL, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 28, 1980.

Certiorari Denied January 26, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Nathan B. Coats, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rector, Retherford, Mullen & Johnson, Anthony A. Johnson, Colorado Springs, for defendant-appellant.


STERNBERG, Judge.

The defendant, DuWayne Francis Hall, appeals his conviction of two counts of sale of narcotics in violation of § 12-22-302, C.R.S. 1973 (1978 Repl. Vol. 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...

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