Pascu v. State

577 P.2d 1064 (1978)

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Pascu v. State

Alaska Supreme Court
577 P.2d 1064 (1978)

KL

Facts

James Blair was a police agent and long-time friend of Gordon Pascu (defendant). One day, while working at the police’s direction, Blair called Pascu and asked to buy some heroin. Pascu declined and said he was trying to stop using heroin. Blair claimed he was very sick due to withdrawal and continued to try to persuade Pascu, reminding him they had been friends for a long time and that Pascu owed him several favors. Pascu again refused, stating that he was trying to stay away from heroin. Blair insisted, arguing that Pascu would feel better if he took a little heroin to get over his own withdrawal sickness, offered to give Pascu some heroin, and promised to pay him enough money to allow Pascu to buy enough heroin to last for a few days. Eventually, Pascu agreed to sell Blair heroin. Pascu was arrested and indicted for the sale of a controlled substance. Pascu sought a pre-trial hearing on the defense of entrapment. The court held that the evidence was not sufficient to establish the defense. Pascu was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Burke, J.)

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