Duin v. State

We granted certiorari, at the instance of the State of Alabama, to review the decision of the Court of Criminal Appeals, 260 So.2d 599 which reversed the judgment of the trial court and remanded the cause.

The defendant (appellant) was convicted and sentenced to the penitentiary for selling marijuana in violation of § 256, Title 22, Recompiled Code, 1958, as amended. Section 258(a) and (b) as amended, Recompiled Code, supra, prescribes the penalty. See Cumulative Pocket Part.

Petitioner, the State of Alabama, complains that the Court of Criminal Appeals erred in reversing the judgment of…