State v. Bennett

549 S.W.2d 949 (1977)

STATE of Tennessee, Petitioner,

v.

William BENNETT, Respondent.

Supreme Court of Tennessee.

April 25, 1977.

Donald S. Caulkins, Asst. Atty. Gen., for petitioner; R.A. Ashley, Jr., Atty. Gen., Nashville, of counsel.

Wayne S. Taylor, Taylor & Taylor, Nashville, for respondent.

OPINION

BROCK, Justice.

Defendant was convicted of selling a Schedule III controlled substance in violation of the Drug Control Act. The Court of Criminal Appeals reversed the conviction and remanded for a new trial, holding that the State failed to establish by a preponderance of the evidence that the offense…