Davis v. State

O'Neal Davis was indicted for possession of marijuana in the first degree in violation of § 13A-12-213, Code of Alabama 1975 (Supp. 1988). The jury found the appellant "guilty. . . as charged in the indictment," and the trial judge sentenced the appellant to four years' imprisonment in the State penitentiary.

Since the appellant does not challenge the sufficiency of the evidence, the facts pertaining to this case will be briefly stated.

On October 13, 1988, at approximately 8:30 p.m., Officers Stephen Hamm and Governor Jackson of the Dothan, Alabama, Police Department were conducting a…