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JENKINS v. STATE

8 Div. 79.

248 So.2d 758 (1971)

William JENKINS v. STATE.

Court of Criminal Appeals of Alabama.

June 1, 1971.

Attorney(s) appearing for the Case

J. A. Dardess, Sheffield, for appellant.

MacDonald Gallion, Atty. Gen. and Herbert H. Henry, Asst. Atty. Gen., for the State.

CATES, Judge.

Possession of marijuana: sentence, three years.

This appeal turns on the validity of a seizure of growing marijuana plants along with some harvested leaves and seeds in a private dwelling house.

The officers seized the marijuana November 24, 1969. They were armed with a search warrant, the affidavit for which failed to meet the "recency" requirement of Davis v. State, 286 Ala. 117,

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