Duke v. State

The plaintiff in error was indicted for dispensing and possessing narcotic drugs in violation of sec. 52-1303, T.C.A., and was convicted of possessing narcotic drugs and sentenced to pay a fine of $500.00 and to serve not more than three (3) nor less than one (1) year in the State penitentiary. The Public Defender has seasonably appealed and filed a brief in his behalf.

The Attorney General in answer has filed a brief and concedes that the evidence in this case preponderates against the guilt of the plaintiff in error. We have carefully read the record and are in agreement with the conclusion…