Warthen v. State

OPINION

BUSSEY, Judge:

The appellant, Gary Curtis Warthen, hereinafter referred to as the defendant, was charged in the District Court, Garfield County, Case No. CRF-75-539, with the offense of Unlawful Delivery of Marijuana in violation of 63 O.S.1971, § 2-401. He was tried by a jury, convicted and punishment was fixed at a fine of Five Thousand Dollars ($5,000), and imprisonment at a term of ten (10) years. From said judgment and sentence a timely appeal has been perfected.

*485The State’s first witness was John William Kelson, an agent with the Bureau of Narcotics and Dangerous Drugs of the State…