Jimmy v. State

MERRILL, Justice.

The sole issue presented is whether an indictment for selling drugs must name the vendee in the sale.

The indictment charged that the defendant “did possess, sell, furnish, or give away Lysergic Acid Diethylamide, contrary to law.” He was found guilty and sentenced to five years imprisonment in the penitentiary. The Court of Criminal Appeals reversed for the following reason:

“The indictment, as pointed out by an appropriate ground of demurrer, omits the name of the vendee. The court overruled the demurrer. This ruling was error. Pettry v. State, 47 Ala.App. 237, 252 So.2d 659.”