Mitchell v. State

Pope, Judge.

Defendant was indicted for the offense of violation of the Georgia Controlled Substances Act in the sale of marijuana. At his trial he asserted the affirmative defense of entrapment. He was convicted and sentenced to serve a term of five years imprisonment. Defendant then filed a motion for new trial which was later amended and denied after a hearing. The defendant appeals. Held:

1. The substance of the evidence by the state and the defendant is somewhat similar in many instances, although there are many differences in the testimony. An undercover agent was brought into the county…