OPINION
BLISS, Presiding Judge:
Appellant, Phillip W. Fosberry, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Stephens County, Case No. CRF-71-104, for the crime of Sale of Marihuana. He was sentenced to serve a term of five (5) years in the state penitentiary in accordance with the verdict of the jury, and a timely appeal has been perfected to this Court.
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