Racine v. State

Court of Criminal Appeals of Alabama

Decided May 18, 1971

Court of Criminal Appeals of Alabama · decided 1971-05-18

Relies on 47 Ala. App. 693 - Duin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1971-05-18

How this case has been cited

Cited by 17 later decisions — most recently February 2017

17 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CATES, Judge.

¶1Selling marijuana: sentence, five years.

¶2The true bill omits the name of the buyer. Appellant in writing requested the affirmative charge with hypothesis as to Count One of the indictment. Hence, the trial court erred in refusing this requested charge. Duin v. State, 3 Div. 79, 47 Ala.App. 693, 260 So.2d 599 (Mar. 16, 1971).

¶3In view of reversible error thus being shown, we have not examined any of the other points raised by appellant.

¶4The judgment below is due to be reversed and the cause is remanded.

¶5Reversed and remanded.