McCurley v. State

TYSON, Judge.

On August 8,1980, the Supreme Court of Alabama affirmed this Court’s earlier decision in Cassell v. State, 55 Ala.App. 502, 317 So.2d 348 (1975), that the provisions of § 20-2-20, (a) and (b), Code of Alabama 1975, do not offend the provisions of Article IV, Sections 42 and 43 of the Constitution of Alabama 1901. McCurley v. State, Ala., 79-485, 390 So.2d 25.

This cause proceeded to trial under a five-count indictment, and at trial the appellant’s motion to exclude as to Count Four (Diazepam) was granted, and the appellant found guilty as charged under the remaining four counts.…