558 P.2d 441 | Colo. | 1977
delivered the opinion of the Court.
The defendant was found guilty by a jury of unlawfully selling, and conspiring to sell, a narcotic drug. We granted certiorari to review the
We reverse the judgment of the court of appeals. In People v. Fenninger, 191 Colo. 334, 552 P.2d 1018 (1976), we recently adopted the rule that the so-called “procuring agent” defense is available to a defendant charged with offenses of sale and conspiracy to sell narcotics. The record here reveals considerable evidence that this defendant was acting solely on behalf of a buyer. On this basis, the defendant was entitled to the instruction requested by her and refused by the trial court.
Judgment reversed with directions to remand to the trial court for a new trial.
MR. JUSTICE ERICKSON does not participate.