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EX PARTE EVERS

81-744.

434 So.2d 813 (1983)

Ex parte H. Ray EVERS. (Re: H. Ray Evers v. State of Alabama.)

Supreme Court of Alabama.

Rehearing Denied July 8, 1983.

Attorney(s) appearing for the Case

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

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

EMBRY, Justice.

Dr. H. Ray Evers was indicted on two counts of "selling, furnishing, or giving away" amphetamines in violation of § 20-2-70(a), Code 1975. That statute provides in pertinent part:

"(a) Except as authorized by this chapter, any person who possesses, sells, furnishes, gives away, ... controlled substances... is guilty of a felony and upon conviction, for the first offense may be imprisoned for not less than two nor more than fifteen...

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