Perry v. State

ON REHEARING

On original submission this Court affirmed the appellant's conviction without published opinion. This opinion is issued at the request of the appellant under Rule 39 (k), ARAP.

The appellant was indicted and convicted for the offense of selling marijuana. Sentence was fixed at eight years' imprisonment.

The evidence reveals that at approximately 6:00 o'clock on the evening of October 29, 1976, Deputy James T. Wyatt, a narcotic's agent with the Mobile County Sheriff's Department, drove to a residence where he met Rich Hamilton. Hamilton asked Wyatt how many bags of marijuana he…