McWhorter v. State

Larry Wayne McWhorter, the appellant, was adjudicated a youthful offender in connection with an indictment charging him with unlawful possession of marihuana in the first degree. His sentence of 3 years' imprisonment was "split," with 12 months to be served in the county jail and 3 years on probation. Our review convinces this Court that the evidence is insufficient to support that conviction.

The State's evidence shows that on April 23, 1990, Investigator Stan Bice of the Madison County Sheriffs Department obtained a search warrant based on information obtained from Louis Lynn. Mr. Lynn told…