Ware v. State

Emerson Milton Ware, Sr. was convicted of selling marijuana in violation of the Alabama Uniform Controlled Substances Act, § 20-2-70, Code of Alabama 1975, and sentenced to three years' imprisonment in the penitentiary.

I

On appeal, he first challenges the indictment, contending that the evidence before the grand jury was insufficient and that the grand jurors were not sworn in as provided by law. It appears that the appellant, at arraignment, pleaded not guilty to the indictment. This is a plea to the merits of the indictment and waives kinds of challenges to the validity thereof unless…