Hattaway v. State

McMurray, Presiding Judge.

Via indictment, defendant was accused of violating the Georgia Controlled Substances Act by selling a quantity of marijuana to “GBI Agent M. A. Dull, for a consideration of $20.00.” Defendant was convicted by a jury and subsequently sentenced to serve two years. Following the denial of his motion for new trial, defendant appealed, contending the trial court erred in refusing to submit a defense of entrapment to the jury. Held:

“In Georgia, the entrapment defense consists of three distinct elements: (1) the idea for the commission of the crime must originate with the…