Small v. State

The petition for a writ of certiorari was filed by the State of Alabama to have this Court review and reverse the decision of the Court of Criminal Appeals in 348 So.2d 504 (1977), wherein that court reversed and remanded the judgment of conviction of Gary Wayne Small for possession of marijuana.

The reversal of that conviction was based upon the conclusion of that unanimous court that the testimony of a police officer, pertaining to information furnished him through a telephone conversation with an informant, was inadmissible hearsay which could not be considered as evidence in the trial…