Ex parte Evers
Decision Date | 10 June 1983 |
Citation | 434 So.2d 813 |
Parties | Ex parte H. Ray EVERS. (Re: H. Ray Evers v. State of Alabama). 81-744. |
Court | Alabama Supreme Court |
L. Drew Redden and William N. Clark of Redden, Mills & Clark, Birmingham, and John A. Henig, Jr., Montgomery, for petitioner.
Charles A. Graddick, Atty. Gen., and George Hardesty, Jr., Sp. Asst. Atty. Gen., for respondent.
Dr. H. Ray Evers was indicted on two counts of "selling, furnishing, or giving away" amphetamines in violation of § 20-2-70(a), Code 1975. That statute provides in pertinent part:
"(a) Except as authorized by this chapter, any person who possesses, sells, furnishes, gives away, ... controlled substances ... is guilty of a felony and upon conviction, for the first offense may be imprisoned for not less than two nor more than fifteen years...." (Emphasis added.)
The jury found him guilty on both counts and the trial court set sentence at five years' imprisonment. The appellate court affirmed and this appeal followed.
The facts are summarized in the State's brief:
The court of appeals held that § 20-2-70(a) applies to licensed physicians:
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