Reed v. State

Clark, Judge.

Among various enumerations of error the principal question for decision presents a first impression case: When the evidence in a criminal case warranted a charge on the law of entrapment, was the trial judge correct in failing to charge in conjunction with its instruction of the law on that subject that the prosecution must carry the burden to prove beyond a reasonable doubt that such entrapment did not exist?

This appeal is by a defendant found guilty of violation of the Georgia Drug Abuse Control Act. At the trial defendant admitted that a sale of marijuana took place but argued…