McSWAIN v. STATE

CR-00-1774.

831 So.2d 644 (2001)

Jimmy Lee McSWAIN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 2, 2001.

Certiorari Denied March 22, 2002.


Attorney(s) appearing for the Case

Derrick K. Collins, Birmingham, for appellant.

Bill Pryor, atty. gen., and J. Thomas Leverette, asst. atty. gen., for appellee.


Alabama Supreme Court 1010381.

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur. COBB, J., dissents, with opinion, which SHAW, J., joins.

COBB, Judge, dissenting.

I disagree with the majority's holding, because I believe that the indictment charging McSwain was improperly amended, over his objection, to charge the greater offenses of unlawful distribution within three miles of a school...

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