WATLEY v. STATE

4 Div. 274.

568 So.2d 852 (1989)

James Mack WATLEY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 19, 1990.


Attorney(s) appearing for the Case

Francis M. James III of James & James, Andalusia, for appellant.

Don Siegelman, Atty. Gen., and Patrick L. Roberts, Asst. Atty. Gen., for appellee.


BOWEN, Judge.

James Mack Watley was convicted of unlawful possession of marihuana, was sentenced to five years' imprisonment, and was fined $2000. He raises six issues on this appeal from that conviction. Because his conviction must be reversed for failure of the indictment to charge an offense, we address only those matters likely to recur at another trial.

I

The indictment charged that the defendant "did on to-wit, May 1, 1988, while at or near...

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