Commonwealth v. McGuire

SPAETH, President Judge,

concurring and dissenting:

The principal issue on this appeal is whether the trial court erred in holding that the defense of entrapment is available only to a defendant who admits to all of the elements of the offense charged. I agree with the majority that the trial court did err, and I therefore concur in its order granting a new trial. However, I disagree with the majority’s conclusion that the defendant must “admit to at least some of the elements [of the offense] charged.” Majority op. at 1151. I believe the defense of entrapment *338should be available even if the…