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STATE v. CRYER

No. 51509.

263 So.2d 895 (1972)

262 La. 575

STATE of Louisiana v. Jerry Don CRYER and John H. Seay, Jr.

Supreme Court of Louisiana.

Rehearing Denied June 29, 1972.

Dissenting Opinion July 10, 1972.

Attorney(s) appearing for the Case

D'Amico, Curet & Bush, Sam J. D'Amico, Brumfield & Brumfield, H. Alva Brumfield,

III, Baton Rouge, for defendants-appellants.

Jack P. F. Gremillion, Atty. Gen., Harry H. Howard, Asst. Atty. Gen., Sargent Pitcher, Jr., Dist. Atty., Ralph L. Roy, Asst. Dist. Atty., for plaintiff-appellee.

SANDERS, Justice.

The State charged the defendants, Jerry Don Cryer and John H. Seay, Jr., with the sale of marijuana on December 4, 1969, to "a person over the age of 21 years," in violation of LSA-R.S. 40:962(A) of the Uniform Narcotic Drug Law. The case came on for trial on September 17, 1970. The jury returned a verdict of guilty. On February 18, 1971, the trial judge sentenced each of them to a term of seven years in Louisiana State Penitentiary. The sentencing...

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