RACINE v. STATE

1 Div. 130.

249 So.2d 648 (1971)

Charles Edward RACINE, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 15, 1971.


Attorney(s) appearing for the Case

John L. Lawler, Asst. Public Defender, Mobile, for appellant.

William J. Baxley, Atty. Gen., and Herbert H. Henry, Asst. Atty. Gen., for the State.


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, (mss. 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...

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