Stanford v. State

OPINION

WALKER, Presiding Judge.

The appellant, Daniel A. Stanford, Jr., appeals in error from his conviction in his non jury trial December 12,1975, for possession of a controlled substance, marijuana. The trial judge imposed punishment of a fine of $50 and ten days in jail. The sole assignment of error contends the court erred in overruling the appellant’s plea in abatement. By this he urges that the entry of an order nolle prosequi in the municipal court of the City of Memphis and his subsequent indictment and trial were unlawful.

The facts for the trial judge’s consideration on the plea in…