NO. 79-63
IN THE SUPREME COURT OF THE STATE OF MONTANA
1980
THE STATE OF MONTANA
VS
ROBERT A. KAMRUD
Appellant presents several issues on appeal but we need consider only one: Did the District Court err in denying defendant's pretrial motion to dismiss on the grounds that entrapment was established as a matter of law? While the defendant may well have had the intent to possess marijuana, the idea for him to sell it or to give it away certainly originated with the police officers and not with defendant. Therefore, we hold that under these facts, entrapment was established as a matter of law. The judgment of the District Court is reversed with directions to dismiss the information.
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Thursday, October 09, 2008
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