Wilson v. State

Lowery Dale Wilson was convicted for the unlawful possession of Alprazolam and Triazolam in violation of the Alabama Controlled Substances Act. Sentence was fifteen years' imprisonment as a habitual offender and a $1,500 fine.

The trial judge committed error in allowing the State to impeach the defendant's credibility by showing that he had a 1982 felony conviction for the possession of marijuana because that crime does not involve moral turpitude. Ex parte McIntosh,443 So.2d 1283 (Ala. 1983); Neary v. State, 469 So.2d 1321 (Ala.Cr.App. 1985). That error was not harmless.

Early on the morning…