Adkins v. State

287 So. 2d 447, 51 Ala. App. 552, 1973 Ala. Crim. App. LEXIS 1206

Opinions

CATES, Presiding Judge.

Selling marijuana: sentence, five years.

The indictment fails to allege the name of the vendee. Ground 5 of the defendant’s demurrer challenged this deficiency. Hence, the trial court erred in overruling the demurrer. Pettry v. State, 47 Ala.App. 237, 252 So.2d 659.¹ This was the sole issue raised in each brief.

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

Reversed and remanded.

All the Judges concur.

1 . We distinguish Duin v. State, 288 Ala. 329, 260 So.2d 602 because therein no demurrer was interposed for the trial judge to rule upon, See Russell v. State, 47 Ala.App. 612, 259 So.2d 298.