Sprague v. State

McMurray, Judge.

Defendant was indicted for the offense of violating the Georgia Controlled Substances Act, in that he did possess, have under his control and sell cocaine. He was found guilty by a jury and then sentenced by the trial judge to a term of seven years, to serve five years in confinement, "with the remaining two (2) years to be served on probation.” Defendant’s motion for new trial was denied and he appeals. Held:

1. The defendant’s first contention is that the state failed to meet its burden of proof in rebutting the defendant’s affirmative defense of entrapment. However, there…