390 So. 2d 308 | Ala. Crim. App. | 1980
Luther Lanier Isbell, Jr., was indicted and tried for obtaining or attempting to obtain a controlled substance, tepanil tentab, by fraud, deceit, misrepresentation, or subterfuge. The jury found the appellant "guilty as charged." The trial court sentenced him to three years imprisonment in the penitentiary. This appeal follows.
We find it unnecessary to the decision of this appeal to set out the facts giving rise to the instant charge. We have examined this record and note that the State presented a prima facie case in this cause. See Alford v. State,
Appellant presents no new ground for declaring this statute unconstitutional, and, therefore, no reversible error has been shown on this issue. Williford v. State, Ala.Cr.App.,
Section
". . . [A]ll statutes of a public, general and permanent nature, not included in this Code, are repealed."
Section
"All laws and all statutes or parts of statutes which are repealed or abrogated by this Code, or are repugnant to any law repealed by this Code and which have not been reenacted or consolidated, shall continue to be so repealed or abrogated."
The Alabama Uniform Controlled Substances Act was passed by the Alabama Legislature on September 16, 1971, Acts of Alabama,1971, No. 1407, pp. 2378-2402, and was codified as Title 22, Sections 258 (25)-(60), Code of Alabama, 1940, Recompiled 1973.
This act was carried forward and included in the Code ofAlabama, 1975, in Sections
"The state board of health shall revise and republish the schedules annually (Acts 1971, No. 1407, p. 2378, § 213.)."
The Legislature obviously did not intend to repeal the controlled substances scheduled by the State Board of Health, pursuant to Title 22, Section 258 (26), Code, supra (Section
Thus, this argument of the appellant is without merit.
There is no error shown by the record in this cause. This case is due to be and is hereby
AFFIRMED.
All the Judges concur. *310