Cook v. State

OPINION

BUSSEY, Judge:

James Edward Cook, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Payne County, Case No. CRF-76-287, for the offense Unlawful Delivery of Marijuana, in violation of 63 O.S.Supp.1975, § 2-401. His punishment was fixed at two (2) years’ imprisonment, with the final year suspended and from said judgment and sentence an appeal has been perfected to this Court.

The evidence of the State established that on November 28, 1976, the defendant sold a bag of marijuana to one Frances Floyd at her mother’s home in Cushing. Floyd, who was a…