Nesbitt v. State

W. J. HARALSON, Supernumerary Circuit Judge.

Appellant was charged by indictment and convicted in the lower court of selling marijuana, the sale of which constitutes a felony under the Alabama Uniform Controlled Substances Act, Code of Alabama 1940, Recompiled 1958, Title 22, Section 258(29). His punishment was fixed by the court at 15 years imprisonment in the penitentiary.

Without attempting to detail the evidence, we may observe the State’s evidence tended to show a sale of marijuana by the appellant to witness Alex Smith, a deputy sheriff with the Lee County Sheriff’s Office who was working…