I concur in the conclusion that the judgment and order denying defendant a new trial must be affirmed. I do not agree, however, that there is any evidence in the record which would support an instruction on entrapment. In the majority opinion it is admitted that “ [t]he question of criminal intention was the only issue at the trial.”
The jury was adequately instructed on the intent necessary to constitute the crime, and under the facts presented it is to be presumed that it found that defendant did possess that intent.
While I feel that there was no evidence to support the instructions given on entrapment, I do not feel that under the evidence presented the instructions could have confused the jury so as to result in any prejudice to defendant. For that reason, I concur in the judgment.
Schauer, J., concurred.