State v. Williams

• SMITH, Chief Judge.

Defendant appeals from his conviction of possession of marijuana, a Schedule I Controlled Substance, Secs. 195.020 and 195.-017.2 RSMo 1969, on which he was sentenced to three years imprisonment.

The original indictment charged defendant with two counts, possession of heroin and possession of marijuana, both Schedule I controlled substances. Defendant moved for and obtained a severance of the two counts. He was tried and convicted first on the heroin charge and that conviction was affirmed in State v. Williams, Mo.App.St.L. Dist., filed May 4, 1976, 539 S.W.2d 530.

On this…