Jimmy v. State

SIMMONS, Supernumerary Circuit Judge.

The indictment charges appellant with possessing, selling, furnishing, or giving away Lysergic Acid Diethylamide (LSD) *499contrary to law. The jury found the defendant guilty of selling the contraband substance. The trial court sentenced defendant to imprisonment in the penitentiary for a term of five years.

The indictment, as pointed out by an appropriate ground of demurrer, omits the name of the vendee. The court overruled the demurrer. This ruling was error. Pettry v. State, 47 Ala.App. 237, 252 So.2d 659.

In view of the reversible error, supra, we pretermit…