Yarbrough v. State

Birdsong, Judge.

Render Lee Yarbrough was convicted by jury of the sale of a narcotic drug and sentenced to serve ten years. He brings this appeal enumerating three errors asserting that the evidence does not support the findings, that the trial court erred in refusing to hold a suppression hearing outside the presence of the jury, and that the sentence is excessive. Held:

1. The evidence was in conflict. The evidence by the state showed without question that a sale occurred and that Yarbrough was the seller. If Yarbrough was believed, he had an innocent explanation for the transaction. The…