GIVAN, J.
This is an appeal from a conviction under an affidavit charging the appellant with the possession and control of marihuana in violation of the Indiana 1935 Narcotic Act, as amended. On his plea of not guilty the appellant was tried by the Court without a jury and found guilty as charged. Appellant was sentenced to a term of not less than two nor more than ten years.
The content of appellant's motion for new trial was as follows:
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