Napier v. State

Oct 12, 1976

1 Div. 693

Versions:338 So. 2d 463

1976 Ala. Crim. App. LEXIS 1764

Lead Opinion

PER CURIAM.

This is an appeal from a conviction of possession of a variety of controlled substances. The general issue on Count 1 (quaalude), Count 3 (morphine sulfate), Count 4 (pantapon), and Count 5 (methamphetamine) resulted in a general verdict of guilty with a fine of $25,000. The trial judge sentenced Napier to five years penitentiary punishment.

The only two adverse rulings worthy of comment are correct under Brantley, 294 Ala. 344, 317 So.2d 345 (multiplicity of drugs in evidence) and Cassell, 55 Ala.App. 502, 317 So.2d 348 (non legislative ascribing methaquaalude to controlled substance list ex post facto by the non-elected State Board of Health).

Hence, the judgment below is

AFFIRMED.

TYSON, HARRIS, DeCARLO and BOOKOUT, JJ., concur. CATES, P. J., dissents.

Dissenting Opinion

CATES, Presiding Judge

(dissenting):

I think Brantley, supra, is wrong, but our elder brethren have spoken.

However, Cassell’, supra, was never squarely laid before them. I repeat my dissent therein.

Therefore, I respectfully dissent.