ACHOR, J.
Appellant was charged by affidavit in two counts; (1) with unlawful possession of marijuana, and, (2) the unlawful sale of marijuana. He was tried to a jury and convicted on both counts. Sentence was entered accordingly, with the provision that the sentence for both counts run concurrently.
The overruling of the motion for new trial, which is assigned as cause for appeal, was founded upon the following reasons:
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