ALSTON v. STATE

No. 46660.

258 So.2d 436 (1972)

Joe ALSTON v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied March 13, 1972.


Attorney(s) appearing for the Case

Ransom P. Jones III, Pascagoula, W.S. Moore, Jackson, for appellant.

A.F. Summer, Atty. Gen. by Timmie Hancock, Sp. Asst. Atty. Gen., Jackson, for appellee.


GILLESPIE, Chief Justice:

Joe Alston was convicted in the Circuit Court of Jackson County, Mississippi, of the crime of selling marijuana. He received a penitentiary sentence of four years and appealed to this Court.

I.

Alston contends that his conviction was a nullity because he was indicted under a statute which did not become effective until after the alleged crime occurred on April 2, 1971. The question is whether the indictment is valid.

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