Legal Opinion

Adkins v. State

Court of Criminal Appeals of Alabama

Decided February 6, 1973No. 4 Div. 198Published

1Opinion

ON REHEARING

CATES, Presiding Judge.

The State has filed a lengthy brief which chides us for falling into what it considers to be error.

At the beginning we should point out that we consider that each sale is a separate offense under the statute here in question.

In such a framework it becomes quite important that the accused be informed of some of the details of the sale so that he may constitutionally be charged with the offense and know the nature of the accusation against him.

The Alabama Constitution of 1901, § 6 provides in part:

“That in all criminal prosecutions, the accused has a right * *…

2Cases cited16 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Cole v. ArkansasSupreme Court of the United States · 1948
  3. Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
  4. Gayden v. StateSupreme Court of Alabama · 1955
  5. McLaughlin v. StateIndiana Supreme Court · 1873

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