State v. Lomax

By information filed in the Circuit Court of Jasper County, it was charged that on or about September 10, 1970, defendant “did wilfully, unlawfully and feloniously have in his possession, and under his control, a certain narcotic drug, to-wit: marihuana.” § 195.020.1 The jury found defendant guilty but could not agree upon the punishment, and the trial court (Crim.Rule 27.03) assessed his punishment in the county jail for a period of one year. § 195.200, subd. 1(1).2 After due proceedings, defendant appealed to this court.

“The term ‘felony’, when used in * * * any * * * statute, shall be…