OPINION
BUSSEY, Judge:
Appellant, Larry Don Fite, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Bryan County, Case No. CRF-72-129, for the offense of Unlawful Delivery of Marijuana, his punishment was fixed at ten (10) years in the state penitentiary, and from said judgment and sentence, a timely appeal has been perfected to this Court.
At the trial Cary Thurman testified that on October 12, 1972...
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