McIlwain v. State

The appellant was charged by information with having, unlawfully possessed marijuana on November 9, .1954. The information also invoked the habitual criminal statute by asserting that the accused bad been convicted in Texas of assault with intent to rob and had been convicted by a federal court in Tennessee of having been an unlawful transferee of marijuana. The court instructed the jury in the language of Act 258 of 1937, which provided that the unlawful possession of marijuana should be a felony. The jury returned a verdict of guilty and fixed the punishment at seven years imprisonment.

In…