State ex rel. Hamlin v. District Court of First Judicial Dist., 12574
| Decision Date | 09 October 1973 |
| Docket Number | No. 12574,12574 |
| Citation | 163 Mont. 16,515 P.2d 74 |
| Parties | The STATE of Montana ex tel. Charles E. HAMLIN, Jr., Relator, v. The DISTRICT COURT OF the FIRST JUDICIAL DISTRICT et al., Respondents. |
| Court | Montana Supreme Court |
Robert J. Sewell, Jr. (argued), Helena, for relator.
Thomas F. Dowling, Helena, Leif B. Erickson (argued), Helena, for respondents.
This is an original application for supervisory control to review and annul an order of the district court refusing to dismiss a criminal charge against relator.
Relator is Charles E. Hamlin, Jr., against whom an Information was filed in the district court of Lewis and Clark County before the Hon. Peter G. Meloy, district judge. Relator was charged with the criminal sale of LSD, a dangerous drug, on May 30, 1973. Relator moved to dismiss the Information on the ground of entrapment as a matter of law. At the hearing on the motion, relator examined Merritt Everett, a deputized undercover agent of the sheriff's office, whose testimony furnished the factual background of events leading to the arrest and charge against relator.
Everett testified that he came to Helena on May 29, 1973, at the request of the Lewis and Clark County sheriff's office to assist with the drug problem. Deputy Sheriff DeBree discussed the drug problem with Everett and showed him a list of drug dealers and pushers in Helena, some mug shots identifying them, and was given the names of some of the places that should be checked out for illegal narcotics activity. Neither relator's name nor picture was contained therein, nor was relator discussed in any of the conversation.
During the late afternoon and evening of May 29 Everett checked two locations in Helena for illegal drug activity without result and finally, at the suggestion of Deputy Sheriff DeBree, went to a bar in East Helena arriving there about 12:45 a. m. on May 30. At no time up to this point had relator's name been mentioned nor had Everett met relator.
Shortly after arriving at the East Helena bar Everett went over to a table where relator was sitting, bought him a drink, and asked him if he knew where Everett could get some 'stash'. Relator answered, 'Yes, I can make a phone call, maybe I can get you a couple lids of marijuana.' Relator went to a pay phone in the bar, made a phone call, returned to the table and told Everett there was nobody at the house he called. Everett said nothing. Everett bought relator another drink. Relator then said, 'I know a place we can go that they might have some.' Everett said 'All right', relator said 'Follow me'. Everett told relator what motel he was staying in and each drove his respective car to this motel. Relator parked his car there, got in Everett's car and directed him to a house on Rodney where they might possibly get some dope. On the way there relator named another place they could probably get some dope, if they were unsuccessful at the house on Rodney. Everett said that would be all right.
They arrived at the house on Rodney street at about 2:35 a. m. They got out of the car, knocked on the door and asked the man who answered if he had anything to smoke or weed to sell. The man said no, but he had some acid. Relator introduced Everett to this man, Everett paid him $2.00, got a pill, asked for a drink of water and pretended to take the pill. Other persons in the room appeared 'starry-stoned on acid' to Everett. The man who originally answered the door asked if anyone else wanted any more acid and everybody, including Everett, said 'yes'. Relator and the man left the house, returned about ten minutes later, and distributed some acid to the others, including Everett.
Everett and relator left the house about 5:30 a. m. and returned to the motel where Everett was staying and where relator's car was parked. Later in the morning relator returned armed to Everett's motel room, Everett pulled out his pistol, ordered relator to lie on the floor, and placed him under...
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State v. Kelly
...and (3) luring or inducing the accused into committing a crime he had no intention of committing. State ex rel. Hamlin, Jr. v. District Court, 163 Mont. 16, 515 P.2d 74; State v. Karathanos, 158 Mont. 461, 493 P.2d 326.' State v. Grenfell, supra, 564 P.2d at "See also State v. Gallaher (197......
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State v. Hanley
...a crime he had no intention of committing. See State v. Grenfell (1977), 172 Mont. 345, 564 P.2d 171; State ex rel. Hamlin v. District Court (1973), 163 Mont. 16, 515 P.2d 74; State v. Karathanos, We find very little factual similarity between Grenfell and the present case. There was an inf......
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State v. Kim
...a crime he had no intention of committing. See State v. Grenfell (1977), 172 Mont. 345, 564 P.2d 171; State ex rel. Hamlin v. District Court (1973), 163 Mont. 16, 515 P.2d 74; State v. Karathanos, supra. [ (1972), 158 Mont. 461, 493 P.2d The burden of establishing entrapment rests on the de......
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State v. Kamrud
...and (3) luring or inducing the accused into committing a crime he had no intention of committing. State ex rel. Hamlin, Jr. v. District Court, 163 Mont. 16, 515 P.2d 74; State v. Karathanos, 158 Mont. 461, 493 P.2d 326." State v. Grenfell, supra, 564 P.2d at See also State v. Gallaher (1978......