Alabama Court of Criminal Appeals, 1971

Pettry v. State

Pettry v. State
Alabama Court of Criminal Appeals · Decided May 11, 1971 · Cates
47 Ala. App. 237; 252 So. 2d 659; 1971 Ala. Crim. App. LEXIS 485

Pettry v. State

Opinion of the Court

CATES, Judge.

Selling marijuana: sentence, five years.

The true bill omits the name of the buyer. Ground 5 of the defendant’s demurrer raised this deficiency. Hence, the trial court erred in overruling the demurrer. Duin v. State, 693, 260 So.2d 599 (mss. Mar. 16, 1971).

*238In review of reversible error thus being shown, we have not examined any of the other points raised by appellant.

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

Reversed and remanded.

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