Brisbon v. State

LEIGH M. CLARK, Retired Circuit Judge.

Appellant-defendant was charged in each of two separate indictments with the sale of marijuana. The two cases were tried together. A jury found him not guilty in one case and found him guilty in this case now on appeal. The court sentenced him to imprisonment for two years.

The record indicates, although it does not conclusively show, that the consolidation for trial of the two cases was with the defendant’s consent. No contention to the contrary is made on appeal.

There was positive testimony by an undercover agent that defendant sold him a small amount of…