Smith v. State

OPINION

BUSSEY, Judge:

Appellant, James Addison Smith, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tulsa County, for the offense of Unlawful Delivery of Marihuana, in violation of 63 O.S.1971, § 2-402. His punishment was assessed at a term of five (5) years in the State penitentiary, and from said judgment and sentence a timely appeal has been perfected to this Court.

At the trial, Barry Rouw testified he was employed as a Deputy Sheriff for the Tulsa County Sheriff’s Office. On August 29, 1973, at approximately 11:00 a. m., he had a conversation…