[DOWNLOAD] "Oswell v. State" by Court of Appeals of Georgia " Book PDF Kindle ePub Free

eBook details

Title: Oswell v. State
Author : Court of Appeals of Georgia
Release Date : January 27, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 48 KB

Description

George Merrill Oswell appeals from his conviction of two counts of sale of marijuana. 1. Oswell contends that the trial court erred in refusing to charge the jury on his sole defense of entrapment. "In Georgia,
the entrapment defense consists of three distinct elements: (1) the idea for the commission of the crime must originate with
the state agent; (2) the crime must be induced by the agent's undue persuasion, incitement, or deceit; and (3) the defendant
must not be predisposed to commit the crime. [Cits.] Under the majority view (which is followed in Georgia), the preDisposition
of the defendant toward crime is the key element of the defense. [Cits.]" Keaton v. State, 253 Ga. 70, 71-72 (316 S.E.2d 452)
(1984). In the instant case, there is no evidence of the second and third elements of entrapment.