CHERRY v. STATE

No. 51921.

386 So.2d 203 (1980)

Toby CHERRY v. STATE of Mississippi.

Supreme Court of Mississippi.

July 30, 1980.


Attorney(s) appearing for the Case

Jackson M. Brown, Starkville, for appellant.

Bill Allain, Atty. Gen. by Frankie Walton White, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, C.J., and BROOM and LEE, JJ.


LEE, Justice, for the Court:

Toby Cherry was convicted in the Circuit Court of Oktibbeha County for the possession of marijuana in an amount greater than one (1) kilogram, was sentenced to serve a term of three (3) years in the state penitentiary, and was fined one thousand dollars ($1,000). From that sentence and judgment he appeals here.

The principal question presented, which disposes of the case, is whether or not the lower court erred in refusing to grant...

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