Van Den Brand v. State

*1208OPINION

BUSSEY, Presiding Judge:

Appellant, John Van Den Brand, a/k/a Johnny Allen, hereinafter referred to as the defendant, was charged, tried and convicted in the District Court, Lincoln County, Case No. CRF-76-87, for the offense of Unlawful Delivery of Marihuana, in violation of 63 O.S.1971, § 2-401. His punishment was fixed at two (2) years’ imprisonment and a fine of One Thousand Dollars ($1,000.00). From said judgment and sentence a timely appeal has been perfected to this Court.

As his first assignment of error the defendant argues that 63 O.S.1971, § 2-401 is unconstitutional in that…