Legal Opinion · Concurring in part, dissenting in part

Posey v. State

Court of Criminal Appeals of Texas

Decided November 13, 1974No. 49025Published

1Concurring in part, dissenting in partMorrison, Judge

I concur to the affirmance of this case, but dissent to the manner of its disposition.

The validity of the defense of accommodation agent is not raised by the parties, nor is its determination necessary to the disposition of the case. Appellant objected to the failure of the court to charge the jury on accommodation agent. The record, however, reflects that the court did charge on entrapment. This Court has held that a charge on accommodation agent is not required where, as here, the court’s charge on entrapment fully protects the appellant’s rights. Sosa v. State, Tex.Cr.App., 494 S.W.2d 849;…

2Cases cited17 opinions

  1. Mildred Juanita Adams v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  2. Jones v. StateCourt of Criminal Appeals of Texas · 1968
  3. Durham v. StateCourt of Criminal Appeals of Texas · 1955
  4. Joseph E. Lewis v. United StatesCourt of Appeals for the D.C. Circuit · 1964
  5. Alexander v. StateCourt of Criminal Appeals of Texas · 1959

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