Haight v. State

Frank Holt, Justice.

Appellants were convicted by a jury of possession of a controlled substance, marijuana, with intent to deliver. [Ark. Stat. Ann. § 82-2617 (a) (1) (ii) (Supp. 1975)]. Appellant Haight received a five year sentence and appellant Sutton received a three year sentence in the Arkansas Department of Correction. Appellants first contend for reversal that the trial court erred in denying their motion to dismiss on the ground of double jeopardy. Amendment 5, United States Constitution and Article 2, § 8, Constitution of Arkansas (1874). Appellants’ first trial resulted in a…