Fleming v. State

Mason Fleming was indicted for the possession of marijuana in violation of § 20-2-70, Code of Alabama 1975. The jury found him "guilty of possession of marijuana as charged" and following a sentencing hearing the trial court sentenced him to three years in the penitentiary.

On March 3, 1984, Deputies Bill Goodson and Wayne Lucas of the Escambia County Sheriff's Department discovered marijuana beneath a pine tree adjacent to appellant's property. They took up surveillance of the material after photographing it and replacing it in its original position. The officers observed appellant exit his…