Owens v. State

JONES, Justice.

This case was transferred from the Court of Criminal Appeals on May 9, 1973. The defendant was tried by a jury in Jefferson County Circuit Court for the unlawful possession of heroin. He was found guilty and sentenced to a fine of $1,000.00 and commitment to the state penitentiary for a period of five years. The trial judge overruled defendant’s motion for a new trial and this appeal followed.

The evidence at trial consisted primarily of the testimony of Robert Walker, an undercover agent for the Birmingham Police Department. Walker testified that on April 20, 1971, he and a man…