State v. Porter

OPINION

HOLDER, J.

We granted this appeal to determine whether the common law “procuring agent defense” has been abolished by statute. We hold that the procuring agent defense was abolished by Tenn.Code Ann. § 39-ll-203(e)(2) which expressly states that “[d]efenses available under common law are hereby abolished.” The trial court appropriately declined to instruct the jury on the procuring agent defense, and the defendant’s conviction for selling a controlled substance was supported by the evidence.

FACTS

On September 30, 1994, Karla Abbott, an undercover operative for the Twenty-Fourth Judicial…