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SLEDGE v. STATE

8 Div. 809.

444 So.2d 3 (1983)

Scottie Tim SLEDGE v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 1, 1983.

Certiorari Denied January 20, 1984.

Attorney(s) appearing for the Case

James T. Baxter, III of Berry, Ables, Tatum, Little & Baxter, Huntsville, for appellant.

Charles A. Graddick, Atty. Gen., and Bill North, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 83-206.

HUBERT TAYLOR, Judge.

Appellant was convicted of being over the age of eighteen and selling marijuana to a person who had not attained the age of eighteen, in violation of § 20-2-73, Code of Alabama 1975. Sentence was five years in the penitentiary. Three issues are presented for our review.

The first issue is whether Sledge comes within the proscription of the statute under

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