Justice McINTYRE delivered the opinion of the court.
This is an appeal from a conviction on a charge of being in possession of a controlled substance (marihuana) contrary to § 35-347.31, W.S. 1957, 1973 Cum.Supp. In a criminal trial without a jury the district judge found the defendant guilty of the crime charged and sentenced him to a term in the county jail. As probable cause for the arrest of defendant, the complaint filed against him stated:
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