Legal Opinion · Concurrence

Carr v. State

Court of Appeals of Georgia

Decided August 8, 2001No. A01A0998Published

1ConcurrenceEldridge, Judge

I concur in the judgment in this case. The State clearly twisted the reasoning of an entrapment case, Zinn v. State, 134 Ga. App. 51, 52 (2) (213 SE2d 156) (1975), out of the frame in order to submit a charge that permits a jury to consider a 16-year-old prior bad act for a defendant’s “predisposition to commit the crime.” I suspect this is so because evidence of Carr’s intent to commit a theft is lacking in this burglary case. That dishes were disturbed in the mobile home, as opposed to the electronic devices therein, appears to militate against theft as a motive for entry. Thus, the…

2Cases cited7 opinions

  1. Smith v. StateCourt of Appeals of Georgia · 1998
  2. Anderson v. StateCourt of Appeals of Georgia · 1999
  3. Davis v. StateCourt of Appeals of Georgia · 2000
  4. Goodroe v. StateCourt of Appeals of Georgia · 1999
  5. Zinn v. StateCourt of Appeals of Georgia · 1975

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