McHUGH, Justice:
This action is before this Court upon the petition of Roy Ashworth for an appeal from his 1981 conviction in the Circuit Court of McDowell County, West Virginia, of the offense of delivery of marihuana. That conviction arose from an alleged delivery of marihuana by the defendant to an undercover police officer on January 12, 1981. This Court has before it the petition for appeal, all matters of record, and the briefs and argument of counsel.
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