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SIZEMORE v. STATE

8 Div. 200.

226 So.2d 669 (1969)

George Kelly SIZEMORE, alias v. STATE.

Court of Appeals of Alabama.

September 9, 1969.

Attorney(s) appearing for the Case

J. N. Powell, Jr., Decatur, for appellant.

MacDonald Gallion, Atty. Gen., and Walter S. Turner, Asst. Atty. Gen., for the State.

CATES, Judge.

Sizemore was convicted in the Morgan County Court which has jurisdiction of all misdemeanors in said County. He was sentenced to two years in the county jail as a second offender.

The offense for which he was indicted was described by the Grand Jury as:

"* * * having been previously convicted under Section 258 of Title 22 of Code of Alabama 1940, as last amended, did unlawfully possess an amphetamine...

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