People v. Wells (25 Ill. 2d 146, 1962)

Mr. Justice Solfisburg

delivered the opinion of the court :

The defendant, Curtis Wells, was indicted on the charge of unlawful sale of narcotic drugs. He pleaded not guilty, waived a jury, was found guilty and sentenced to the penitentiary for a term of 10 to 12 years. He brings this writ of error to reverse the judgment of the trial court on the sole ground that the evidence establishes a defense of entrapment as a matter of law.

It appears from the record that on November 11, 1958, one Dantzler, a police informant, was searched by three police officers at the Narcotics Bureau of the Chicago Police Department. This search disclosed that Dantzler had no narcotics or money and the three policemen immediately took Dantzler to 63 rd and Kenwood Streets in Chicago and gave him a marked $5 bill. Dantzler got out of the car and walked up to the defendant and one Raymond Stanley, and told them that he wanted some narcotics. Dantzler knew Stanley but had not met the defendant before. Defendant testified, and Dantzler denied, that Dantzler told defendant if he would get some narcotics, Dantzler would split them with him. The three of them went to an apartment building at 6239 Kenwood where Dantzler gave the defendant the $5 bill. The defendant then went into an apartment, came out and announced there were no narcotics available and returned the money to Dantzler. They were then about to leave the building when they met one Henry Moore. Moore then went upstairs with defendant, Dantzler and Stanley. Dantzler then returned the $5 bill to defendant who went back into the apartment with Moore, and a few minutes later came out and took Stanley and Dantzler to the fourth floor of the next building. Defendant then handed Dantzler a package or packages containing heroin.

The defendant, Wells, testifying in his own behalf, stated that on November 11, 1958, he was in a night club drinking when he was approached by Stanley who wanted to know if the defendant could get him some narcotics. He testified that he said he could not and then left the club. Stanley followed him and told defendant to wait and he would get some money to buy narcotics. He then testified that Dantzler came by and told defendant that if he would make a purchase for him, he would split the narcotics with defendant and Stanley. He, the defendant, got $5 from Dantzler and &o