Legal Opinion · Concurrence

Morris v. State

Supreme Court of Arkansas

Decided November 6, 1989No. CR89-154Published

1ConcurrenceDavid Newbern, Justice

The result reached by the court is correct because Morris failed to present evidence sufficient to establish a prima facie case of entrapment.

The court’s opinion that the defense of entrapment is not available to a defendant who does not admit having committed the offense is based on Robinson v. State, 255 Ark. 893, 503 S.W.2d 883 (1974), and Brown v. State, 248 Ark. 561, 453 S.W. 2d 50(1970).The Brown case was apparently the first one in which this court considered the question whether a defense of entrapment was necessarily inconsistent with a defense denying the facts charged. In the Brown…

2Cases cited5 opinions

  1. Mathews v. United StatesSupreme Court of the United States · 1988
  2. Purification Rodriguez v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  3. Brown v. StateSupreme Court of Arkansas · 1970
  4. McCaslin v. StateSupreme Court of Arkansas · 1989
  5. Robinson v. StateSupreme Court of Arkansas · 1974

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