PETTRY v. STATE

1 Div. 137.

252 So.2d 659 (1971)

Robert G. PETTRY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 1, 1971.


Attorney(s) appearing for the Case

Thomas M. Haas, and J. D. Quinlivan, Jr., 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. Ground 5 of the defendant's demurrer raised this deficiency. Hence, the trial court erred in overruling the demurrer. Duin v. State, 3 Div. 79 (mss. Mar. 16, 1971).

In 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...

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