What is the test for the defense of entrapment?
California, United States of America
The following excerpt is from People v. Tillman, 142 Cal.App.2d 404, 298 P.2d 631 (Cal. App. 1956):
No instruction on entrapment was required because the defense of entrapment was not an issue in the case. '[142 Cal.App.2d 407] [T]he defense of entrapment is a positive defense imposing upon an accused the burden of showing that he was induced to commit the act for which he is on trial [Citation]. To invoke the defense it must necessarily be assumed that the act charged as a public offense was committed.' People v. Schwartz, 109 Cal.App.2d 450, 455, 240 P.2d 1024,
Page 633
Judgment affirmed.
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