KING v. STATE

No. 57942.

530 So.2d 1356 (1988)

Johnny M. KING v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied October 5, 1988.


Attorney(s) appearing for the Case

H. Lee Bailey, Jr., Bailey & Bailey, Winona, for appellant.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by Deirdre D. McCrory, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before DAN M. LEE, P.J., and PRATHER and ROBERTSON, JJ.


ROBERTSON, Justice, for the Court:

I.

This sale of marijuana case presents a variation on the familiar theme of entrapment. The case turns not on whether there was evidence which may have convinced the jury to reject the entrapment defense — for surely there was such evidence. Our concern is that the jury was not instructed on the law of entrapment. As there was also in the record credible evidence which, if believed, may have justified an acquittal...

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