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McCARTY v. STATE

No. PC-74-466.

525 P.2d 1391 (1974)

Terry Joe McCARTY et al., Appellants, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

August 16, 1974.

Attorney(s) appearing for the Case

Larry Derryberry, Atty. Gen., James L. Swartz, Asst. Atty. Gen., David K. McCurdy, Legal Intern, for appellee.

Donald J. Timberlake, Rick Chew, Oklahoma City, for appellants.

OPINION AND DECISION

BRETT, Judge:

This appeal results from a conviction for Possession of Marihuana. The appellants, who will hereinafter be referred to as defendants, were tried by a jury in Custer County District Court, Case No. CRM-72-390, found guilty and on May 11, 1973, they were assessed the maximum punishment of one year confinement in the County jail. Insofar as this was the first conviction for the three...

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