Powers v. State

A jury of Baldwin County convicted appellant of possessing marihuana in violation of law. The trial court, after due and proper allocution, fixed his punishment at imprisonment in the penitentiary for a period of three years. The record does not indicate that defendant’s counsel was present when sentence was pronounced. Judgment and appeal therefrom followed.

The indictment of defendant reads as follows:

“The Grand Jury of said County charge that before finding this indictment Gary Leon Powers did unlawfully possess marihuana, one of the controlled substances enumerated in Section 204 (Schedule…