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SMITH v. STATE

No. F-74-651.

539 P.2d 1380 (1975)

James Addison SMITH, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied August 6, 1975.

Attorney(s) appearing for the Case

Jim H. Heslet, Tulsa, for appellant.

Larry Derryberry, Atty. Gen., James L. Swartz, Asst. Atty. Gen., Jahn D. Rohrer, Legal Intern, for appellee.

OPINION

BUSSEY, Judge:

Appellant, James Addison Smith, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tulsa County, for the offense of Unlawful Delivery of Marihuana, in violation of 63 O.S. 1971, § 2-402. His punishment was assessed at a term of five (5) years in the State penitentiary, and from said judgment and sentence a timely appeal has been perfected to this Court.

At the trial, Barry Rouw...

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