McCRAY v. STATE

5 Div. 136.

277 So.2d 418 (1973)

Eddie McCRAY, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 1, 1973.


Attorney(s) appearing for the Case

Douglas McElvy, Tuscaloosa, for appellant.

William J. Baxley, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.


CATES, Presiding Judge.

Possession of marijuana: sentence, five years.

This is a renewal, without objection by the State, of the appeal heretofore dismissed in McCray v. State, 46 Ala.App. 588, 246 So.2d 475.

The incriminating marijuana was seized under a defective search warrant. The affidavit for the warrant reads as follows:

"And that the facts tending to establish the foregoing grounds for issuance of...

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