Legal Opinion

Byrd v. State

Court of Appeals of Georgia

Decided February 8, 1994No. A94A0109PublishedCited by 5 opinions

1Opinion of the Court

Johnson, Judge.

Eddie Byrd was tried before a jury and convicted of one count of sale of cocaine. He appeals from his conviction, asserting two related enumerations of error.

1. Byrd 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. Under…

2Cases cited4 opinions

  1. Oswell v. StateCourt of Appeals of Georgia · 1993
  2. Adams v. StateCourt of Appeals of Georgia · 1993
  3. Osborne v. StateCourt of Appeals of Georgia · 1985
  4. Clayton v. StateCourt of Appeals of Georgia · 1990

3Cited by5 opinions

  1. Haynes v. StateCourt of Appeals of Georgia · 1998
  2. Campbell v. StateCourt of Appeals of Georgia · 2006
  3. Walker v. StateCourt of Appeals of Georgia · 1996
  4. Lightsey v. StateCourt of Appeals of Georgia · 2008
  5. Michael v. StateCourt of Appeals of Georgia · 1997

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