BRISBON v. STATE

3 Div. 24.

378 So.2d 743 (1979)

Rodney J. BRISBON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 30, 1979.


Attorney(s) appearing for the Case

Marlin M. Mooneyham, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and William J. Benton, Jr., Asst. Atty. Gen., for appellee.


LEIGH M. CLARK, Retired Circuit Judge.

Appellant-defendant was charged in each of two separate indictments with the sale of marijuana. The two cases were tried together. A jury found him not guilty in one case and found him guilty in this case now on appeal. The court sentenced him to imprisonment for two years.

The record indicates, although it does not conclusively show, that the consolidation for trial of the two cases was with the defendant's consent....

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