Turner v. State

*115ON REHEARING

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

The original opinion, released on May 21, 1974, is hereby withdrawn and held for naught. This opinion is substituted therefor.

Appellant-defendant was indicted for unlawfully possessing for sale or selling five plastic bags of marijuana, contrary to the Alabama Controlled Substances Act. Marijuana is one of the controlled substances enumerated in § 204 (Schedule 1) (d), Act No. 1407, Volume 3, page 2378, General Acts of 1971.

The indictment charges “that before the finding of this Indictment Robert Edward Turner, alais (sic) Bobby…