Racine v. State

FAULKNER, Justice.

This case was transferred to the Supreme Court from the Court of Criminal Appeals by authority of Title 13, § 111(11a), Code of Alabama 1940, Recompiled 1958.

Charles E. Racine, Jr. was convicted of selling lysergic acid diethylamide (LSD) in violation of the former Title 22, § 258(21) of our Code, and sentenced to ten years in the penitentiary. The basic issue of the trial was whether defendant had handed the LSD to a friend, who then sold it to police undercover agents, or whether defendant had merely stood by, as the friend sold it to the agents. Two prosecution witnesses…