Huskey v. State

Court of Appeals of Georgia

Huskey v. State

229 S.E.2d 547, 139 Ga. App. 752, 1976 Ga. App. LEXIS 1975

CourtCourt of Appeals of Georgia

DecidedOctober 1, 1976

Docket52646

StatusPublished

Cited by7 cases

This text of 229 S.E.2d 547 (Huskey v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Huskey v. State, 229 S.E.2d 547, 139 Ga. App. 752, 1976 Ga. App. LEXIS 1975 (Ga. Ct. App. 1976).

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Opinion

Deen, Presiding Judge.

1. "Entrapment exists where the idea and the intention to commit the act originate with a police officer, who, by undue persuasion and deceitful means, induces the defendant to violate the law. But there is no *753 entrapment where the officer merely furnishes an opportunity to a defendant who is ready to commit the offense.” Hill v. State, 225 Ga. 117, 119 (166 SE2d 338). "The defense of entrapment is not successful when the conduct of investigating officers toward the accused would not likely have enticed into crime an unwary innocent who would otherwise have struggled with himself and resisted ordinary temptations, but would be likely to induce only those ready and willing to commit a crime.” Merritt v. State, 110 Ga. App. 150 (137 SE2d 917).

Submitted September 14, 1976 Decided October 1, 1976. John W. Love, Jr., for appellant. Earl B. Self, District Attorney, Jon B. Wood, Assistant District Attorney, for appellees.

2. Applying the foregoing law to the facts of this case, where it appears only that the defendant was called by an acquaintance with whom he had previously smoked marijuana, and who told him he needed some pot for a party, the defendant testified he told the acquaintance he had none, but after further telephone calls he obtained some and sold it to the friend, who was as a matter of fact the informer in the case. The evidence demands a finding of sale of marijuana. The fact that the defendant made no profit on the transaction, if he did not, and the fact that he procured the drug on request, do not taken separately or together demand a finding that he was entrapped into the commission of a crime.

Judgment affirmed.

Quillian and Webb, JJ., concur.

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Deen, Presiding Judge.

1. "Entrapment exists where the idea and the intention to commit the act originate with a police officer, who, by undue persuasion and deceitful means, induces the defendant to violate the law. But there is no *753 entrapment where the officer merely furnishes an opportunity to a defendant who is ready to commit the offense.” Hill v. State, 225 Ga. 117, 119 (166 SE2d 338). "The defense of entrapment is not successful when the conduct of investigating officers toward the accused would not likely have enticed into crime an unwary innocent who would otherwise have struggled with himself and resisted ordinary temptations, but would be likely to induce only those ready and willing to commit a crime.” Merritt v. State, 110 Ga. App. 150 (137 SE2d 917).

Submitted September 14, 1976 Decided October 1, 1976. John W. Love, Jr., for appellant. Earl B. Self, District Attorney, Jon B. Wood, Assistant District Attorney, for appellees.

2. Applying the foregoing law to the facts of this case, where it appears only that the defendant was called by an acquaintance with whom he had previously smoked marijuana, and who told him he needed some pot for a party, the defendant testified he told the acquaintance he had none, but after further telephone calls he obtained some and sold it to the friend, who was as a matter of fact the informer in the case. The evidence demands a finding of sale of marijuana. The fact that the defendant made no profit on the transaction, if he did not, and the fact that he procured the drug on request, do not taken separately or together demand a finding that he was entrapped into the commission of a crime.

Judgment affirmed.

Quillian and Webb, JJ., concur.

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229 S.E.2d 547, 139 Ga. App. 752, 1976 Ga. App. LEXIS 1975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huskey-v-state-gactapp-1976.

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