Johnson v. Hopper

Ingram, Justice.

This is an appeal from the denial of habeas relief in the Tattnall Superior Court. The sole question on appeal is whether the sentence petitioner received pursuant to his conviction for violation of the Uniform Narcotic Drug Act, now repealed, is within legal limits. We have determined that this sentence exceeds the maximum limits prescribed by law.

At a jury trial in the Fulton Superior Court, the petitioner was convicted under Indictment No. A 23868 for violation of the Uniform Narcotic Drug Act (Code Ch. 79A-8; Ga. L. 1967, pp. 296, 325-343; 1970, p. 470; 1971, pp. 273,299;…