Fosberry v. State

OPINION

BLISS, Presiding Judge:

Appellant, Phillip W. Fosberry, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Stephens County, Case No. CRF-71-104, for the crime of Sale of Marihuana. He was sentenced to serve a term of five (5) years in the state penitentiary in accordance with the verdict of the jury, and a timely appeal has been perfected to this Court.

During the trial, Ernest Lovett testified that he was an agent with the Oklahoma Bureau of Investigation and that on the night of April 13, 1971, he and the Sheriff of Stephens County,…