Towry v. State

OPINION

BUSSEY, Judge:

Appellant, Gary Towry, hereinafter referred to as defendant, was charged, tried’ and convicted in the District Court, Oklahoma County, Case No. CRF-74-1040, for Unlawful Distribution of a Controlled and Dangerous Substance, Marihuana, in violation of 63 O.S.1971, § 2-401. His punishment was fixed at a term of two (2) years’ imprisonment and a fine of Two ($2.00) Dollars, and from said judgment and sentence a timely appeal has been perfected to this Court.

Richard Fleming, a patrolman with the Midwest City Police Department, testified that on March 18, 1974, he was acting…