HARRIS, Judge.
Appellant was convicted and sentenced to thirteen years imprisonment in the penitentiary for selling marijuana in violation of Section 256, Title 22, Recompiled Code, 1958, as amended. The indictment and conviction anti-dated the enactment of the Alabama Uniform Controlled Substances Act.
He was arraigned upon a two-count indictment, (1) possession and (2) sale. Omitting the formal parts the indictment is as follows:
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