Corbin v. State

CATES, Presiding Judge.

Possession of marihuana, not for personal use: sentence, four years in the penitentiary. Act No. 1407, September 16, 1971, § 401(a).

I

In the trial below appellant moved to exclude the State’s proof. We quote from Coffey v. State, 31 Ala.App. 120, 12 So.2d 863:

“We have carefully read the entire evidence, sitting en banc and have studiously considered the whole case. In our view, there was an entire absence of substantial evidence to justify the verdict of guilt. * * * Therefore, we do not think the conviction should be allowed to stand on the evidence adduced.”

II

Inasmuch…