State v. Swicegood

OPINION

LUMPKIN, Judge:

This case involves an appeal taken by the State pursuant to 22 O.S.Supp.1987, § 1089.1, et seq., from a magistrate’s ruling which led to the dismissal of a charge of Cultivation of Marijuana filed against the defendant, Dick R. Swicegood. The Defendant was charged by Information in the District Court of Muskogee County with Unlawful Possession of a Controlled Dangerous Substance with the Intent to Distribute (Count I), Knowingly and Felo-niously Cultivating Marijuana (Count II), Felonious Possession of Amphetamines (Count III) and Possession of Drug Paraphernalia (Count…