EVERS v. STATE

4 Div. 942.

434 So.2d 804 (1982)

H. Ray EVERS v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 18, 1982.


Attorney(s) appearing for the Case

L. Drew Redden, William N. Clark and Gerald L. Miller of Redden, Mills & Clark, Birmingham, and John A. Henig, Jr., Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and George Hardesty, Jr., Sp. Asst. Atty. Gen., for appellee.


TYSON, Judge.

Dr. H. Ray Evers was indicted on two counts of "selling, furnishing or giving away" amphetamines in violation of § 20-2-70(a), Code of Alabama 1975. The jury found him guilty on both counts and the trial court set sentence at five years' imprisonment.

It is undisputed that on January 23, 1981, the appellant furnished Johnny Coley prescriptions for two different amphetamines (both categorized as Schedule II drugs) to help Coley combat fatigue...

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