Racine v. State

Court of Criminal Appeals of Alabama

Racine v. State

249 So. 2d 648, 47 Ala. App. 33, 1971 Ala. Crim. App. LEXIS 459

CourtCourt of Criminal Appeals of Alabama

DecidedMay 18, 1971

Docket1 Div. 130

StatusPublished

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Bluebook

Racine v. State, 249 So. 2d 648, 47 Ala. App. 33, 1971 Ala. Crim. App. LEXIS 459 (Ala. Ct. App. 1971).

Pincite

Opinion

CATES, Judge.

Selling marijuana: sentence, five years.

The 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).

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

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

Reversed and remanded.

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