Russell v. State

PRICE, Presiding Judge.

Appellant was tried and convicted under an indictment charging, in one count, that he did “unlawfully possess, deliver, sell, offer for sale, barter, or give away,” marijuana.

The legal sufficiency of the indictment was not challenged in any manner. The failure to allege the name of the purchaser did not render the indictment fatally defective. Duin v. State, Ala., 260 So.2d 602 (1972).

*613Counsel for defendant made a motion to exclude the evidence because the state failed to show that the cigarette introduced in evidence was the same as that alleged to have been taken from…