Tolbert v. State

Webb, Judge.

Tim Tolbert was convicted for selling marijuana to Dennis Smarr in violation of the Georgia Controlled Substances Act. Code Ann. §§ 79A-801, 79A-811(j). He was sentenced to serve a period of four years and eleven months. Tolbert did not deny that he sold the marijuana to Smarr, relying instead on entrapment as his sole defense. The trial court refused to charge the law of entrapment, Criminal Code § 26-905, as requested, and Tolbert enumerates that failure as error in his appeal to this court.

1. It appears that Smarr, the purchaser, out of some sort of desire to improve his image…