Baxter v. State

Harvey Paul Baxter (the defendant) was tried by a jury on a four-count indictment charging him with violations of the narcotics law. The first and second counts charged him with possession and control of marijuana on September 14, 1959, and the third and fourth counts related the fact that the defendant was a second offender in that he had been previously convicted of possession and control of a narcotic on May 7, 1959. The jury returned a verdict of guilty. From the judgment entered thereon and the sentence imposed, this appeal was taken.

Besides the defendant, who was an itinerant musician,…