To constitute entrapment the accused must have been induced to commit the criminal act that he would not have otherwise committed except for undue persuasion, incitement, or deceitful means practiced upon the accused by the government officer or employee or agent of either. In this case, the court's instruction to the jury is nearly identical to the instruction given in Manders v. State, 280 Ga. App. 742, 746 (2) ( 634 SE2d 773) (2006), where we held that the instruction as a whole was accurate. Id. at 746-747 (2).
The mandate that the prosecutor "shall open and conclude the argument to the jury" was left unchanged by the 2005 amendment. See Manders v. State, 280 Ga. App. 742 ( 634 SE2d 773) (2006); Ga. L. 1851-1852, p. 242; see also Park v. State, 224 Ga. 467, 480 (4) ( 162 SE2d 359) (1968) (granting new trial where defendant not introducing evidence, but merely exhibiting it during his statement, was denied the opportunity to open and close argument). For its part, Federal Rule of Criminal Procedure 29.1 provides that "[c]losing arguments proceed in the following order: (1) the government argues; (2) the defense argues; and (3) the government rebuts."