Nesbitt v. State

TYSON, Presiding Judge.

The indictment charged that the appellant “did knowingly and intentionally sell, furnish, or give away MARIHUANA, a controlled substance, to ALEX SMITH, contrary to the provisions of the Alabama Uniform Controlled Substances Act . ..”1 The jury found the appellant guilty of sale of marihuana and assessed fine of $5000.00. The trial court theri;set sentence in accordance with this verdict; and, in addition, imposed a fifteen year sentence.

Alex Smith, working as an undercover agent for the Lee County Sheriff’s Department, testified that on the evening of April 3, 1974, he…