Adkins v. State

287 So.2d 447 (1973)

David ADKINS

v.

STATE.

4 Div. 198.

Court of Criminal Appeals of Alabama.

February 6, 1973.

Rehearing Denied April 3, 1973.

Alto V. Lee, III, and Wade H. Baxley, Dothan, for appellant.

William J. Baxley, Atty. Gen., and Richard F. Calhoun, Asst. Atty. Gen., for the State.

CATES, Presiding Judge.

Selling marijuana: sentence, five years.

The indictment fails to allege the name of the vendee. Ground 5 of the defendant's demurrer challenged this deficiency. Hence, the trial court erred in overruling the demurrer. Pettry v. State, 47 Ala.App. 237, 252 So.2d 659.[1] This was the sole issue…