Abercrombie v. State

The defendant was indicted and convicted for unlawfully attempting to obtain a controlled substance, talwin by the use of a forged prescription. Alabama Code 1975, Section 20-2-72 (3). Sentence was fixed at six years' imprisonment.

On appeal the defendant challenges the sufficiency of the evidence to support the conviction. The question we must specifically answer is whether the testimony of a third person who heard and observed the extrajudicial identification of the defendant is admissible as to the fact of such identification. We hold that it is.

Ethel Walker was employed at Southway Drug…