CAPEHART v. STATE

No. F-76-684.

559 P.2d 861 (1977)

James CAPEHART, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

January 26, 1977.


Attorney(s) appearing for the Case

Layden & Layden, Thomas B. Webb, McAlester, for appellant.

Larry Derryberry, Atty. Gen., Robert L. McDonald, Asst. Atty. Gen., Michael L. Darrah, Legal Intern, for appellee.


OPINION

BLISS, Judge:

Appellant, James Capehart, hereinafter referred to as the defendant, was charged in the District Court, Pittsburg County, Case No. CRF-75-255, with the offense of Unlawful Cultivation of Marijuana, in violation of 63 O.S. 1971, § 2-509. He was tried by by a jury and convicted of the aforementioned crime, his punishment being fixed at ten (10) years' imprisonment. From said judgment and sentence a timely appeal has been perfected...

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