New Mexico Supreme Court March 15, 1976, 10527 (State v. Fiechter)

OPINION

STEPHENSON, Justice.

Charged with the unlawful possession of a controlled substance

1

(marijuana), Fiechter moved for dismissal during trial claiming entrapment as a matter of law. The trial court denied the motion, but gave an instruction on entrapment which Fiechter had requested.

2

The jury convicted. The Court of Appeals reversed, holding entrapment existed as a matter of law. State v.