KIDD v. STATE

1 Div. 175.

398 So.2d 349 (1981)

Bill Joe KIDD v. STATE.

Court of Criminal Appeals of Alabama.

As Corrected on Denial of Rehearing March 17, 1981.


Attorney(s) appearing for the Case

Paul M. Harden and N. S. Hare, Jr., Monroeville, for appellant.

Charles A. Graddick, Atty. Gen., and Thomas R. Jones, Jr., Asst. Atty. Gen., Montgomery, for appellee.


BOOKOUT, Judge.

Unlawful possession of marijuana; sentence: five years' imprisonment.

The grand jury charged in pertinent part:

"[T]hat before the finding of this indictment, Bill Joe Kidd ... after having been previously convicted of, to-wit: Unlawful Possession of Marijuana, did unlawfully possess marijuana. ..." (Emphasis added.)

The appellant filed an amended motion to quash the indictment, which was denied, contending that the...

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