HALL v. STATE

SC 286.

281 So.2d 662 (1973)

In re Billy Joe HALL v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

June 7, 1973.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and Richard F. Calhoun, Asst. Atty. Gen., for the State.

No brief for the respondent.


HARWOOD, Justice.

We are not in accord with the conclusions of the Court of Criminal Appeals that because the indictment in this case failed to negative that the drugs possessed by the defendant were (1) obtained upon a valid prescription and held in the original container, or (2) were not delivered by a practitioner in the course of his practice and were held in the original container, stated no offense and was therefore void.

The indictment upon which the...

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