YOUTZ v. STATE

5 Div. 915.

494 So.2d 189 (1986)

James Allen YOUTZ and Linda Pope Youtz v. STATE.

Court of Criminal Appeals of Alabama.

July 15, 1986.


Attorney(s) appearing for the Case

Joseph L. Dean, Jr. of Walker, Hill, Adams, Umbach, Herndon & Dean, Opelika, for appellant James Allen Youtz.

J.L. Chestnut, Jr. of Chestnut, Sanders, Sanders, Turner & Williams, Selma, for appellant Linda Pope Youtz.

Charles A. Graddick, Atty. Gen. and J. Anthony McLain and James F. Hampton, Spec. Asst. Attys. Gen., for appellee.


BOWEN, Presiding Judge.

James Allen Youtz was convicted for trafficking in marijuana and sentenced to twenty years' imprisonment and fined $25,000. His wife, Linda Pope Youtz, was convicted for possession of marijuana and sentenced to ten years' imprisonment. Their convictions are reversed because the police had no authority to enter their residence, make the arrests, and seize the marijuana.

The controlling facts on the governing issue of this case are undisputed...

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