Newberry v. State

George Rose Smith, Justice.

Charged with possession of marihuana, Newberry was first convicted in municipal court and sentenced to six months in jail and a $500 fine. The municipal judge suspended five months and nine days of the jail sentence and half of the fine. Newberry appealed to the circuit court, where he was again convicted and sentenced to six months in jail and a $250 fine, without any suspension. He asserts three points for reversal.

First, the State’s testimony is amply sufficient to support the verdict. An officer testified that he saw Newberry take something from the trunk of a…