Asher v. State

OPINION

BUSSEY, Judge:

Appellant, Jimmy Asher, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Creek County, Case No. CRM-73-616, for the offense of Unlawful Possession of Marihuana, in violation of 63 O.S.1971, § 2-402. *1345The jury fixed his punishment at six (6) months’ imprisonment in the County jail, and from said judgment and sentence a timely appeal has been perfected to this Court.

In the proceedings before trial, defendant’s motion to suppress the evidence was denied.

Wilbur Ginn testified that at approximately 6:40 p. m. on November 11, 1973,…