Defore v. State

OPINION

BELCHER, Judge.

The conviction was on November 10, 1969 for the unlawful sale to Steirly Reese Rozzell of a dangerous drug, to-wit: Lysergic Acid Diethylamide. The punishment was assessed at ten years.

Appellant urges fundamental error in that the sale was alleged to have been made to Steirly Reese Rozzell whereas the actual sale was made to John Lackey.

The appellant and his retained counsel waived in writing, the right of trial by jury which was timely and properly approved by the state’s attorney and the court. Upon his plea of guilty, the appellant was duly and properly admonished of…