Kitchens v. State

Jessie Kitchens, the appellant, was tried before a judge sitting without a jury and convicted of possessing marijuana in violation of the Alabama Uniform Controlled Substances Act, Section 20-2-70, Code of Alabama (1975). Sentence was three years' imprisonment and a $3000 fine. Two issues are raised on appeal.

I

Kitchens contends that the marijuana was seized as the result of an illegal search and therefore should have been suppressed.

On the afternoon of May 2, 1982, Larry Montgomery, an off-duty Lawrence County Deputy Sheriff, observed two cars parked partially upon a public gravel road.…