Myers v. State

Court of Appeals of Georgia

Myers v. State

231 S.E.2d 496, 140 Ga. App. 641, 1976 Ga. App. LEXIS 1589

CourtCourt of Appeals of Georgia

DecidedNovember 18, 1976

Docket53069

StatusPublished

This text of 231 S.E.2d 496 (Myers 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.

Bluebook

Myers v. State, 231 S.E.2d 496, 140 Ga. App. 641, 1976 Ga. App. LEXIS 1589 (Ga. Ct. App. 1976).

Pincite

Opinion

Bell, Chief Judge.

Defendant was convicted of selling phencyclidine in violation of the Georgia Controlled Substances Act. He contends that the trial court erred in denying his motion for directed acquittal on the grounds of unlawful arrest and entrapment. Held:

1. The sale of the phencyclidine to an undercover police officer was shown to have occurred on January 29, 1976. Defendant was arrested for this offense by the same officer on March 3, 1976. Following arrest, he was indicted by the grand jury and convicted by jury. Even assuming this warrantless arrest was unlawful, which we do not decide, it would not vitiate the conviction. Blake v. State, 109 Ga. App. 636 (2) (137 SE2d 49).

2. As to entrapment, there is not the slightest evidence defendant was entrapped. The police officer testified that he purchased the substance from defendant. Defendant in his own testimony denied making any sale to this officer. Defendant cannot raise the issue of entrapment by denying that he made the sale. Reed v. State, 130 Ga. App. 659, 661 (204 SE2d 335).

Judgment affirmed.

Clark and Stolz, JJ., concur.

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