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Byrd v. State
Thacker, Assistant District Attorney, for appellee. Eddie Byrd was tried before a jury and convicted of one count of sale of cocaine. He appeals from his conviction, asserting two related enumerations of error. Byrd contends that the trial court erred in refusing to charge the jury on his sole defense of entrapment. Under the majority view which is followed in Georgia , the predisposition of the defendant toward crime is the key element of the defense. Oswell v. State, Ga. As was the case in Oswell, there is no evidence in this case of the second or third elements of entrapment. A civilian informant working for the Calhoun Police Department was fitted with a wire which allowed the transmission, interception and recording of his conversations. The agent went to an area of town known as the 'Wall,' where he hoped to buy drugs. Byrd was not there, but the informant asked for him by his nickname, 'Easy B. Byrd then told the agent who to ask for if he was not on the street when the agent wanted to buy more. The informant placed the cocaine in a cigarette pack which he put into his shirt pocket and left the scene, meeting with police to deliver the drugs and recording device. Adams v. See also Clayton v. Not only is there no evidence that Byrd was not predisposed to committing the crime of sale of cocaine, Byrd appeared ready and willing to sell the cocaine to the agent. Byrd did not present any evidence in the case and nothing in the State's case raises the issue of entrapment. The trial court did not err in refusing to charge the jury on that theory. There being insufficient evidence to warrant a jury instruction on entrapment, it was not error for the trial court to prevent counsel from presenting argument on that issue during closing remarks. The proper range of comment by counsel is a matter within the discretion of the trial court. Osborne v. A review of the evidence presented in this case gives us no reason to interfere with that discretion. State Receive free daily summaries of new opinions from the Supreme Court of Georgia. Byrd v. State Annotate this Case. Court of Appeals of Georgia. Decided February 8, Scott J. Forster, for appellant. Judgment affirmed. Beasley, P. Justia Legal Resources. Find a Lawyer. Law Students. US Federal Law. US State Law. Other Databases. Legal Marketing.
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