Thomas v. State

OPINION

BUSSEY, Presiding Judge:

Appellant, Lewis C. Thomas, hereinafter referred to as defendant, was charged in the District Court, Carter County, Case No. CRF-76-13, for the offense of Cultivating Marijuana, in violation of 63 O.S.Supp.1977, § 2-509. A jury assessed punishment at five (5) years’ imprisonment. From said judgment and sentence the defendant has perfected an appeal to this Court.

*1226The single assignment of error which requires reversal in the instant case is that the affidavit for a search warrant was wholly insufficient to support a finding of probable cause by the magistrate…