Gilliland v. State

FAULKNER, Justice.

Undercover agent Elverd Gosdin and Lamar Pritchett asked Odell Gilliland whether he had any pills. Gilliland stated:

“No, I don’t, I don’t have any on me. You might get some down at the truck stop. * * * If you can’t get them up there, come back by the house; I should be there in about thirty or forty minutes.”

Thirty minutes later, the duo came to Gilliland’s house and bought six pills for $3.00, including five black amphetamine capsules.

Odell Gilliland was tried by jury, convicted of selling amphetamine, and sentenced to three years in the penitentiary. He appealed to the…