Court of Criminal Appeals of Alabama April 11, 1991, CR 89-897 (State v. Brown)

McMILLAN, Judge.

This is an appeal by the State from the granting of a motion to suppress, and a petition by the appellee for a writ of mandamus.

*114The appellee was indicted for the unlawful possession of marijuana in the first degree, in violation of § 13A-12-213, and for the unlawful distribution of a controlled substance, in violation of § 13A-12-211, Code of Alabama 1975.