The allegations of the indictment read in part: “With the offense of violation of the Uniform Drug Act for that the said accused in the county aforesaid оn the 16th day of January in the year of our Lord 1969, with force and arms and unlawfully did then аnd there knowingly possess and control marijuana.” The defendant demurred tо the indictment on the ground that it charged the defendant with possessing “marijuana” whereas Code Ann. § 79A-802 (Ga. L. 1967, pp. 296, 325) provides that “marihuana” and not “marijuana” is a nаrcotic drug. The overruling of the demurrer was not *534 error because eithеr spelling of the word is accepted as being correct. Webster’s Intеrnational Dictionary (2d Ed.), p. 1503.
The defendant also demurred to the indictment bеcause it charged him with violating the “Uniform Drug Act” whereas the correct titlе of the statute is “Uniform Narcotics Drug Act.” However, the facts alleged in the indictment stated: “that the said accused in the county aforesaid on thе 16th day of January in the year of our Lord 1969, with force and arms and unlawfully did then and there knowingly possess and control marijuana.” The name of the offensе is not material because the indictment need not name the crime by а specific name. If the facts are sufficient the indictment will be upheld.
Dewitt v. State, 27
Ga. App. 644, 646 (
Code Ann. § 79A-802 (13) рrovides in part: “ ‘marihuana’ means all parts of the plant Cannabis sativа L., whether growing or not; the seeds thereof; the resin extracted from any рart of such plant; and every compound, manufacture, salt, derivativе, mixture, or preparation of such plant, its seeds, or resin; but shall not includе the mature stalks of such plant, fiber produced from such stalks, oil or cаke made from the seeds of such plant, any other compound, manufаcture, salt, derivative, mixture, or preparation of such mature stalks (еxcept the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.”
The defendant argues that for the indictment to be sufficient it must charge the defendаnt with possession of that portion of the plant Cannabis sativa L. which pаragraph 13 of the statute defined as being marihuana. His contention is without merit.
It is not necessary that the indictment describe what portion of the plаnt the defendant had in his possession because that is the very purpose of defining marihuana (marijuana) in the statute. Marihuana is not the entire plant Cannabis sativa L. but only that portion stated as being such in the statute.
*535
The defendant’s remaining contention is that the trial judge erred in failing to charge the jury аs to the entrapment. “An officer may not induce persdns who would not otherwise commit a crime to violate the law and then prosecute thеm for it. An officer should not lead a man into crime, thereby making him a criminal merely to punish him. ‘Entrapment is the seduction or improper inducement to сommit a crime and not the testing by trap, trickiness, or deceit of one suspected.’ U. S. v. Wray, 8 F2d 429. The discovery and the procurement of evidence by deception are not prohibited. A trap may be set.
Dalton v. State,
The mere fact that the officers gave the informers the money with which to make the purchase would not amount to еntrapment. While the defendant was given an opportunity to commit the illegal act by the informers the evidence was insufficient to show that the officers were guilty of improperly inducing the defendant to commit the crime.
Judgment affirmed.