Buckner v. State

This is an appeal from a conviction for unlawful possession of Marihuana in violation of the Uniform Narcotic Act, Burns’ Ind. Stat. Ann. § 10-3520. The affidavit in Count I charged an unlawful sale, and in Count II charged unlawful possession. In a trial by court the appellant was found guilty on Count II and sentenced to 2 to 10 years in prison. The record is silent as to the verdict on Count I.

The grounds for the motion for a new trial were as follows: (1) The finding of the court is not sustained by the evidence. (2) The finding of the court is contrary to law. In reviewing a case upon…