Legal Opinion · Dissent

Soto v. State

Court of Criminal Appeals of Texas

Decided December 19, 1984No. 464-83Published

1DissentMiller, Judge

In a cleverly crafted essay the majority has successfully evaded the sole issue presented before this Court: whether the uncontroverted evidence concerning the conduct of the police informant raises the defense of entrapment.

The use of informants in law enforcement is not new and the defense of entrapment has been recognized by the judiciary for more than 100 years.1 The defense of *610entrapment, codified in V.T.C.A. Penal Code Section 8.06,2 is available in situations where the informant, in an excessive and corrupt desire to obtain a conviction has persuaded a law abiding person to commit a…

2Cases cited49 opinions

  1. Olmstead v. United StatesSupreme Court of the United States · 1928
  2. Sorrells v. United StatesSupreme Court of the United States · 1932
  3. Sherman v. United StatesSupreme Court of the United States · 1958
  4. United States of America, in No. 81-1020 v. Jannotti, Harry P. United States of America, in No. 81-1021 v. Schwartz, George XCourt of Appeals for the Third Circuit · 1982
  5. Casey v. United StatesSupreme Court of the United States · 1928

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