Barnett v. State

The defendant was indicted for the unlawful possession of marijuana. A trial by jury was waived and the case was submitted to the trial judge on a stipulation of facts. Basically those facts are that the defendant and a number of other individuals were found in possession of over 12,000 pounds of marijuana at a house in Orange Beach on March 31, 1977. The defendant was found guilty and sentenced to five years' imprisonment. On appeal he argues that this conviction was barred by a prior federal conviction for the same offense. We agree.

On April 18, 1977, the defendant was arraigned and pled…