MEMORANDUM OPINION
BUSSEY, Judge:
Jerry DeWayne Schiel was charged, tried and convicted for the crime of Possession of Marihuana. Thereafter a Motion for New Trial was filed on behalf of Mr. Schiel and the trial court granted the Motion for New Trial. The State excepted to the court's ruling and gave notice of intention to appeal to this Court. This matter was set for oral argument on the 3rd day of May, 1967, and submitted on the record and briefs of the...
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