Evers v. State

TYSON, Judge.

Dr. H. Ray Evers was indicted on two counts of “selling, furnishing or giving away” amphetamines in violation of § 20-2-70(a), Code of Alabama 1975. The jury found him guilty on both counts and the trial court set sentence at five years’ imprisonment.

It is undisputed that on January 23,1981, the appellant furnished Johnny Coley prescriptions for two different amphetamines (both categorized as Schedule II drugs) to help Coley combat fatigue while driving his automobile on an alleged round trip between Dothan, Alabama, and Tampa, Florida.

Coley had been hired by the appellant to…