McKelva v. State

OPINION

ONION, Judge.

This is an appeal from a conviction for the sale of marihuana with the punishment assessed by the court at 20 years after a verdict of guilty.

In both of his grounds of error appellant complains of the court’s failure to charge on the defense of entrapment despite his timely presented special requested charges.

Entrapment may be a defense in Texas. Note, The Defense of Entrapment in Texas, 17 Baylor Law Review 426. “Where one is induced to do an act and the inducement prevents the act from being criminal, the fact of the inducement constitutes a defense. However, the mere…