OPINION
BUSSEY, Judge:
Appellant, Gordon Spriggs, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Jackson County, Case No. CRF-70-123, for the offense of Unlawful Sale of a Stimulant, his punishment was fixed at five (5) years imprisonment in the State Penitentiary and a one thousand dollar ($1,000) fine, and from said judgment and sentence
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