Pool v. State

Randolph Eugene Pool was convicted of the unlawful possession of a controlled substance and was sentenced to seven years' imprisonment. This conviction must be reversed because the indictment failed to properly charge Pool with an offense.

The indictment charged that Pool "unlawfully possess[ed] marihuana, a controlled substance enumerated in Schedule I, Section 20-2-23 of the Code of Alabama, contrary to the provisions of The Drug Crimes Amendments Act of 1987, in violation of Section 13A-12-212 of the Code of Alabama." Prior to the enactment of the Drug Crimes Amendments Act of 1987, this…