SMITH v. STATE

No. 671S175.

283 N.E.2d 365 (1972)

Lawrence G. SMITH, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 6, 1972.


Attorney(s) appearing for the Case

Stephen Bower, Ralph Bower, Bower & Bower, Kentland, for appellant.

Theodore L. Sendak, Atty. Gen., Stephen D. Clase, Deputy Atty. Gen., for appellee.


GIVAN, Justice.

Appellant was charged by affidavit with the possession of marijuana. Trial by jury resulted in a verdict of guilty. Appellant was sentenced to the Indiana State Reformatory for a term of not less than two nor more than ten years, which sentence was suspended. Appellant was fined $300 and costs.

The record discloses the following facts:

On September 10, 1969, just before midnight State's Witnesses Langley and Severs observed appellant...

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