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TOLBERT v. STATE

52047.

138 Ga. App. 724 (1976)

227 S.E.2d 416

TOLBERT v. THE STATE.

Court of Appeals of Georgia.

Decided April 29, 1976.

Rehearing Denied May 21, 1976.

Attorney(s) appearing for the Case

Ham, Mills & Freeman, W. Franklin Freeman, Jr., for appellant.

E. Byron Smith, District Attorney, Hal Craig, Assistant District Attorney, for appellee.

WEBB, Judge.

Tim Tolbert was convicted for selling marijuana to Dennis Smarr in violation of the Georgia Controlled Substances Act. Code Ann. §§ 79A-801, 79A-811 (j). He was sentenced to serve a period of four years and eleven months.1 Tolbert did not deny that he sold the marijuana to Smarr, relying instead on entrapment as his sole defense. The trial court refused to charge the law of entrapment, Criminal Code § 26-905...

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