McDONALD v. STATE

5 Div. 169.

300 So.2d 837 (1974)

James Ray McDONALD v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 13, 1974.


Attorney(s) appearing for the Case

Parker, Wilkinson & Purvis, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and Larry R. Newman, Asst. Atty. Gen., for the State.


CATES, Presiding Judge.

Possession of heroin: fine, $25,000 and sentence fifteen years in the penitentiary.

McDonald's possession was found after he was searched pursuant to a warrant. The affidavit to get the warrant read in pertinent part:

"That on this date, May 15, 1972, your affiant and detective Fred Davis of the Opelika Police Department observed Tommy Frank Hare as he was being processed into the Lee County Jail at Opelika, Alabama. While...

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