Zinn v. State

Webb, Judge.

Gary Zinn was indicted, tried and convicted for selling heroin in violation of the Uniform Narcotic Drug Act (Code Ann. Ch. 79A-8), and he now appeals. Held:

1. In support of the general grounds of the motion for new trial, defendant contends that the state "did not meet its burden of satisfying the jury beyond a reasonable doubt that the defendant was not entrapped. Reed v. State, 130 Ga. App. 659 (204 SE2d 335).” The trial court, after defining entrapment, charged the jury: "[T]he burden is upon the State to prove the accused was not entrapped and such proof must free your mind…