Brady v. State

George Rose Smith, Justice.

The appellant, 30, was charged with a misdemeanor: possession of six tablets of sodium butisol, a Schedule III controlled substance. Ark. Stat. Ann. § 82-2609 (Repl. 1976). The jury found him guilty and imposed the maximum sentence, imprisonment in the county jail for one year and a $250 fine. For reversal he contends that the trial court should have allowed him to prove that the retail value of the pills was about four cents each.

The pivotal issue of fact was whether Brady had possession of the pills. Two police officers testified that, acting upon a tip, they…