Public-domain · open source
OpenJurist

51 Ala. App. 498

Jimmy v. State

Court of Criminal Appeals of Alabama · decided 1973-03-20

Relies on Temple v. Greater Miami Jewish Cemetery Ass'n · 47 Ala. App. 237 - Pettry v. State

Decided 1973-03-20

SIMMONS, Supernumerary Circuit Judge.

¶1The indictment charges appellant with possessing, selling, furnishing, or giving away Lysergic Acid Diethylamide (LSD) *499contrary to law. The jury found the defendant guilty of selling the contraband substance. The trial court sentenced defendant to imprisonment in the penitentiary for a term of five years.

¶2The indictment, as pointed out by an appropriate ground of demurrer, omits the name of the vendee. The court overruled the demurrer. This ruling was error. Pettry v. State, 47 Ala.App. 237, 252 So.2d 659.

¶3In view of the reversible error, supra, we pretermit considering any of the other points raised by appellant.

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

¶5The foregoing opinion was prepared by the Honorable Bowen W. Simmons, Supernumerary Circuit Judge, serving as a Judge of this Court under § 2 of Act No. 288, Acts of Alabama, July 7, 1945, as amended; his opinion is hereby adopted as that of this Court.

¶6Reversed and remanded.

All the Judges concur.
/51/alaapp/498 · .json · Public domain