PRENTICE, Justice.
Defendant (Appellant) was convicted in a trial to the court for possession of narcotic equipment and violation of I.C. 1971 35-24-1-2 being Acts 1935, ch. 280, § 2, (1961 ch. 90, § 2, 1971 Supp. Burns Ind. Stat. Ann. § 10-3520[c]). He was sentenced to imprisonment for a period of from one to five years and fined $1.00 and costs. The affidavit read, in pertinent part, as follows:
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