Hardin v. State

This is an appeal from a conviction for possession of marijuana in violation of Acts 1935, ch. 280, as amended by Acts 1961, ch. 90, the same being Burns’ Ind. Stat. Ann. § 10-3538 (c). Trial was without jury in Marion County Criminal Court No. One, and appellant was sentenced to two to ten years in prison.

In his brief on appeal appellant alleges that certain evidence and statements of appellant were illegally obtained, there was insufficient evidence that the substance in question was marijuana, and the statute is unconstitutional.

The evidence most favorable to appellee was that on October…