Jenkins v. State

CATES, Judge.

Possession of marijuana: sentence, three years.

This appeal turns on the validity of a seizure of growing marijuana plants along with some harvested leaves and seeds in a private dwelling house.

The officers seized the marijuana November 24, 1969. They were armed with a search warrant, the affidavit for which failed to meet the “recency” requirement of Davis v. State, 286 Ala. 117, 237 So.2d 640 (7). The trial judge sustained the defense on this point. Dean v. State, 46 Ala.App. 365, 242 So.2d 411.

Additionally, however, before knocking Jenkins’s door open one of the officers had…