Roundtree v. State

(dissenting) :

Based upon the testimony in the record the trial court acted properly in leaving the question of entrapment for the jury’s determination. The law is well settled that entrapment is a question for the jury unless the evidence is so clear and convincing that it can be passed on by the trial judge as a matter of law. State v. Rouse, 239 So.2d 79 (Fla.App.1970). The evidence in the record does not meet the test set out in State v. Rouse, supra, so as to enable the issue of entrapment to be withdrawn from the jury and decided as a matter of law by the trial judge. On the contrary,…