Oswell v. State

Johnson, Judge.

George Merrill Oswell appeals from his conviction of two counts of sale of marijuana.

1. Oswell contends that the trial court erred in refusing to charge the jury on his sole defense of entrapment. “In Georgia, the entrapment defense consists of three distinct elements: (1) the idea for the commission of the crime must originate with the state agent; (2) the crime must be induced by the agent’s undue persuasion, incitement, or deceit; and (3) the defendant must not be predisposed to commit the crime. [Cits.] Under the majority view (which is followed in Georgia), the…