Rutledge v. State

In Rutledge v. State 218 Ga. App. 130 (460 SE2d 551) (1995), the defendant testified that the informant tricked him by asking him to pick up a bag that contained the contraband, bring the bag to a certain location, and pretend to sell the drugs to a third party. Id. at 131. The defendant further testified that the informant explained that he could not sell the drugs himself because the third party would expect a better deal or free drugs. Id. The defendant denied that he intended to sell drugs and testified that he only held the drugs because the informant told him he would reclaim them and because he was afraid to throw them away. Id. Nonetheless, the Court concluded that a charge on entrapment was not warranted because "nothing in the evidence showed that the defendant was not a willing participant in the offenses." Id. at 132 (1).