Milburn v. State

Frank Holt, Justice.

Appellant was convicted of possession of marijuana with intent to deliver and on appeal we reversed. Milburn v. State, 260 Ark. 553, 542 S.W. 2d 490 (1976). Upon retrial the court, sitting as a jury, found appellant guilty of the same offense and assessed his punishment at nine years’ imprisonment and a fine of $15,000. Appellant contends that the evidence was insufficient “to identify beyond a reasonable doubt that a green vegetable material” introduced into evidence was marijuana and, therefore, he was entitled to a directed verdict. Of course, on appellate review, it is…