Grace v. State

LEIGH M. CLARK, Retired Circuit Judge.

A jury found this appellant guilty on a trial under an indictment that charged, inter alia, that he “did unlawfully sell, furnish or give away phencyclidine, a controlled substance.” Code of Alabama 1975, § 20-2-27(a)(2)g lists phencyclidine as a Schedule III controlled substance. The trial court adjudged him guilty and sentenced him to imprisonment for six years. A motion for new trial was timely filed, which motion was overruled by the trial court.

No contention was made on the trial, and no contention is made on appeal, that the substance allegedly sold…