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STATE v. JOHNSON

No. 42216.

82 So.2d 24 (1955)

228 La. 317

STATE of Louisiana v. Ben JOHNSON.

Supreme Court of Louisiana.

Dissenting Opinion April 25, 1955.

On Rehearing June 30, 1955.

Attorney(s) appearing for the Case

Ralph L. Roy, Baton Rouge, for appellant.

Fred S. LeBlanc, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., J. St. Clair Favrot, Dist. Atty., Jack P. F. Gremillion, First Asst. Dist. Atty., Baton Rouge, for appellee.

MOISE, Justice.

This is an appeal by the accused, Ben Johnson, who was convicted of the crime of possession of marijuana, LSA-R.S. 40:962, and sentenced therefor to a term of ten years in the state penitentiary.

The record discloses—

(a) That there was filed a motion for a new trial, which was refused; (b) That two bills of exception were perfected, which we will discuss; (c) That the accused now urges that there is error...

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