Bennett v. State

Frank Holt, Justice.

The Appellant was charged by felony information with the crime of the sale of marihuana in violation of Act 590 of 1971 (Ark. Stat. Ann. §§ 82-2601 — 38 (Supp. 1971). The trial court, sitting as a jury, found appellant guilty and sentenced him to one year imprisonment in the State Penitentiary and ordered that the appellant serve one-third of this sentence before becoming eligible for parole. For reversal of that judgment the appellant, through court-appointed appellate counsel, contends that the alleged violation was a misdemeanor and, therefore, the court erred in…