Watley v. State

James Mack Watley was convicted of unlawful possession of marihuana, was sentenced to five years' imprisonment, and was fined $2000. He raises six issues on this appeal from that conviction. Because his conviction must be reversed for failure of the indictment to charge an offense, we address only those matters likely to recur at another trial.

I

The indictment charged that the defendant "did on to-wit, May 1, 1988, while at or near Covington County, Alabama, unlawfully possess marijuana, a controlled substance, contrary to and in violation of Title 13A-12-213 of the Code of Alabama, 1975. . .…