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BROWN v. STATE

6 Div. 442.

398 So.2d 784 (1981)

Andre Louis BROWN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 17, 1981.

Attorney(s) appearing for the Case

Gary L. Smith of Elledge & Smith, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for appellee.

BOWEN, Judge.

The defendant was indicted and convicted for the unlawful possession of 125 tablets containing pentazocine (Talwin) in violation of the Alabama Uniform Controlled Substances Act. Alabama Code 1975, Sections 20-2-1 et seq. After waiving his right to a jury trial, the defendant was tried in circuit court where the facts of the case were stipulated by counsel. Sentence was two years' imprisonment.

Three issues are presented on appeal.

I...

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