Jones v. State

Smith, Judge.

Appellant was indicted for possessing "a quantity of marijuana.” The jury found him guilty of that charge, and the trial court sentenced him to ten years. Agreeing with appellant’s contention that the court failed properly to instruct the jury, we reverse the judgment as to sentence, with the direction that a new trial be had on that issue. With respect to the conviction of possession, however, the judgment is affirmed.

Submitted June 12, 1979 Decided October 1, 1979.

Appellant denied he possessed any amount of marijuana. The state’s evidence showed that a police search of his…