Davis v. State

ETHRIDGE, Chief Justice:

Willie Rogers Davis, appellant, was convicted of possession of marijuana in the Circuit Court of Lauderdale County, and was sentenced to four years in the state penitentiary. The indictment charged that he “did unlawfully, willfully and feloniously have in his possession and under his control marijuana.”

There is little conflict in the facts, and indeed, appellant does not contend that the jury’s verdict was. against the weight of the evidence. Rather he assigns as error the lower court’s denial of his request for a peremptory instruction on the following grounds: (a)…