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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