No. 13165 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

THE STATE OF MONTANA, 

Plaintiff and Respondent, 

GREGORY ALLEN GRENFELL, 

Defendant and Appellant. 

Appeal from: District Court of the Second Judicial 

District 

Honorable James D. Freebourn, Judge presiding. 

Counsel of Record: 

For Appellant: 

J. Brian Tierney argued, Butte, Montana 

For Respondent : 

Hon. Mike Greely, Attorney General, Helena, 

Montana 

Gary Winston argued, County Attorney, Butte, 

Montana 

Nadine Scott argued, Butte, Montana 

Submitted: January 12, 1977 

Decided : 

Filed: 

-MY 11. 1977 
Mr. :Justice Daniel J. Shea delivered the Opinion of the Court. 

Defendant Gregory Grenfell was convicted on one d four 

counts of selling dangerous drugs in violation of section 54-132, 

R.C.M. 1947, in the district court, Silver Bow County. He was 

sentenced to 10 years in prison. Defendant raises several issues 

in this appeal but only the issue of entrapment is necessary for 

the decision in this case. He claims there was entrapment as a 

matter of law. We agree. 

The charges against Grenfell arose in Butte, Montana, from 

four sales of drugs to Bill Verrall, an informer for the Silver 

Bow County sheriff's department, on January 26, 27, 28, and 29, 1975. 

Grenfell and Verrall met in the fall of 1974. Thereafter Verrall 

and his wife cultivated a close friendship with Grenfell and his 

wife. 

The facts show Verrall was a frustrated and unfulfilled 

policeman having drifted from job to job over a period of several 

years. He started as a Montana State Prison guard but was terminated after six months. His employment with the Butte police 

force in 1971 was terminated before his probationary (six month) 

period expired. Verrall then went to the state of Washington 

and there worked for the King County highway patrol as a private 

security guard, but left after only one week. In 1973 he was a 

police officer for Boulder, Montana, but left after only four 

months employment, during which he was officially charged with 

assault while on duty. Verrall then drifted back and forth from 

Montana to the state of Washington, not having any steady job and 

drawing periodic welfare assistance for himself and family. 
 erra all's interest in being a deputy sheriff for Silver Bow 

County dates back to 1969 when he asked the then sheriff for a 

job as a deputy but was refused. In 1974, when a new sheriff was 

elected, but before he took office, Verrall approached him and 

told him that he would buy drugs for him. At the time of the 

incidents involved in this case, Verrall had filed an application 

to be a deputy sheriff for Silver Bow County, and although he had 

not been officially hired, he was working as a drug purchaser for 

the sheriff ' s of fice. 

On January 26, 1975, Verrall called Grenfell and asked him 

for marijuana. Grenfell testified he suggested beer instead, but 

Verrall said he was "uptight" and needed marijuana. Grenfell went to 

a local tavern and inquired about two men he had worked with and 

knew to be involved with drugs. After learning they lived in a 

trailer court in the "Country Club area", he obtained some hashish 

and gave it to Verrall. Verrall later delivered the hashish to the 

sheriff. This transaction comprised count one of the Information, 

on which Grenfell was acquitted. 

On January 27, 1975, Verrall called Grenfell's home many 

times. Grenfell at first told his wife to tell Verrall he was not 

at home. Later, Grenfell returned the call. Verrall told him the 

hashish gdve him a good night's sleep and he had a friend who 

wanted some LSD. C-renfell said he did not know where to get LSD, 

but he would talk to the men who gave him the hashish. He obtained 

$20 from Verrall and bought $10 worth of LSD from his suppliers. 

Grenfell gave the LSD and the $10 change ,.,tot. Verrall. Verrall 

delivered the LSD to the sheriff. These events were the basis for 

count two of the Information, on which Grenfell was acquitted. 
On January 28, 1975, Verrall drove to Grenfell's home and 

asked Grenfell to work on his automobile. At that time a "partnership" was discussed whereby they would purchase a large quantity 

of LSD to sell to Verrall's friend at a profit to finance a trip 

to Utah to obtain work. (Verrall promised Grenfell he could get 

him a job in Utah with a mining company and had even helped him 

fill out the application forms). Grenfell then went to his 

suppliers in the trailer home to ask the price of LSD if bought 

in bulk. He obtained some hashish and amphetamines which he later 

gave to Verrall. The "big buy1' was set for January 29, 1975. 

These events comprised count three of the Information, on which 

Grenfell was acquitted. 

After Verrall left, Grenfell returned to the suppliers and 

obtained a small amount oflhashish for his own use. 

The ultimate objective of the sheriff's office was to catch 

the suppliers to Grenfell, although this was never accomplished, 

due to a failure of the sheriff's office to follow Grenfell to the 

trailer home where the suppliers lived. 

On the morning of January 29, 1975, Grenfell, knowing this 

was the day of the "big buy", was nervous and reluctant to go 

through with the purchase. He tried to smoke the hashish he had 

purchased the night before, but it hurt his throat. Verrall tried 

to calm him down during a telephone conversation by assuring 

Grenfell everything would be all right and telling him they needed 

the money for the trip to Utah. 

Verrall arrived at Grenfell's home that afternoon with $900. 

The bills had been photocopied and the serial numbers recorded 

by the sheriff's office. Grenfell's home was under surveillance. 
Verrall gave Grenfell $475 of the $900. Grenfell left and 

made a purchase of 320 LSD pills. (The sheriff's office failed 

in its assignment to follow Grenfell and catch his suppliers). 

When Grenfell returned to his home he gave the LSD pills 

and $43 in change to Verrall. They split the rest of the $900 

equally. As Verrall left with the pills, he signaled the sheriff's 

deputies who quickly arrested Grenfell. This final transaction, 

a transfer of the pills from Grenfell to Verrall, comprised count 

four of the Information. Grenfell was convicted on this count. 

He appeals. 

Montana's entrapment statute, section 94-3-111, R.C.M. 1947, 

provides : 

"A person is not guilty of an offense if his conduct 

is incited or induced by a public servant, or his 

agent for the purpose of obtaining evidence for the 

prosecution of such person. However, this section 

is inapplicable if a public servant or his agent, merely 

affords to such person the opportunity or facility for 

committing an offense in furtherance of criminal purpose 

which such person has originated." 

This statute is consonant with earlier decisions of this Court 

which set forth the following elements of entrapment: (1) Criminal 

intent or design originating in the mind of the police officer or 

informer; (2) absence of criminal intent or design originating in 

the mind of the accused; 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. 

The record shows Grenfell was not predisposed to commit 

this offense. There was no evidence that prior to January 26, 1975, 

Grenfell had ever used or sold drugs. Grenfell's close friendship 
with Verrall spanned approximately six months, yet Verrall 

testified that Grenfell never offered to sell him drugs. The 

one time Grenfell admitted trying to smoke hashish he said he 

quit because it hurt his throat. 

This is not like State v. Harney, 160 Mont. 55, 499 P.2d 

802, where the drug informer made only a casual offer to buy 

drugs from the defendant. Here, the entire scheme originated 

in erra all's mind. His telephone call to Grenfell on January 26, 

1975, was the beginning of four consecutive days of persistent 

efforts to involve Grenfell in drugs, solely for the purpose of 

gathering evidence against him. Whenever Grenfell showed reluctance, Verrall coaxed him with visions of Verrall's personal need 

and Grenfell's need to have money to travel to Utah to find a 

job. Had it not been for Verrall' s creative activities, this 

offense would never have been committed. 

The conviction is reversed and ordered dismissed. 

Chief Justice 

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