Bennett v. State

OPINION

BUSSEY, Presiding Judge:

Appellant, James L. Bennett, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Kay County, Case No. CRF-75-176, for the crime of Unlawful Delivery of Controlled Drug, in violation of 63 O.S.Supp.1975, § 2-401. Punishment was assessed at not less than two (2) years nor more than five (5) years in the State Penitentiary and a fine of Five Hundred Dollars ($500.00). From said judgment and sentence the defendant has perfected this timely appeal.

The evidence at trial is as follows: Between the hours of 6:00 and 7:00 p. m.…