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338 So. 2d 463

Napier v. State

Court of Criminal Appeals of Alabama

Decided October 12, 1976

Court of Criminal Appeals of Alabama · decided 1976-10-12

Cited by 5 later decisions — most recently March 1981

5 state decisions

Relies on Brantley v. State · 55 Ala. App. 502 - Cassell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-10-12

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PER CURIAM.

¶1This is an appeal from a conviction of possession of a variety of controlled substances. The general issue on Count 1 (quaalude), Count 3 (morphine sulfate), Count 4 (pantapon), and Count 5 (methamphetamine) resulted in a general verdict of guilty with a fine of $25,000. The trial judge sentenced Napier to five years penitentiary punishment.

¶2The only two adverse rulings worthy of comment are correct under Brantley, 294 Ala. 344, 317 So.2d 345 (multiplicity of drugs in evidence) and Cassell, 55 Ala.App. 502, 317 So.2d 348 (non legislative ascribing methaquaalude to controlled substance list ex post facto by the non-elected State Board of Health).

¶3Hence, the judgment below is

¶4AFFIRMED.

TYSON, HARRIS, DeCARLO and BOOKOUT, JJ., concur.CATES, P. J., dissents.
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