Miller v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant, an indigent, was indicted and charged with selling lysergic acid diethylamide (LSD), a prohibited drug, pursuant to Act 1407, Volume III, General Acts 1971, approved September 16, 1971, and appearing in Appendix, Volume 6, Title 22, § 258(29) (d); penalty therefor § 258(47), Recompiled Code 1958. The jury convicted the defendant but declined to assess a fine. The court sentenced the defendant to fifteen years imprisonment in the penitentiary. Judgment was duly entered, and this appeal follows.

Without detailing the evidence, it…