OPINION
BUSSEY, Judge:
Appellant, Richard Wayne Tubbs, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Cherokee County, Case No. CRF-72-77, for the offense of Unlawful Delivery of Controlled Drugs, his punishment was fixed at two (2) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.
Because this cause must be reversed, we do not deem it necessary...
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