BOWEN W. SIMMONS, Supernumerary Circuit Judge.
Appellant, also referred to in this opinion as defendant, was convicted of selling marihuana, a controlled substance enumerated in § 204 (Schedule 1)(d), Acts 1971, Act No. 1407, p. 2378, Recompiled Code, 1958, Supplement, Tit. 22, p. 149, § 258(25), in violation of law. The trial court acting without the aid of a jury as provided by law ordered the defendant imprisoned in the penitentiary of Alabama for a term...
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