French v. State

John A. Fogleman, Justice.

We find it necessary to reverse the judgment of conviction of appellant of the crime of Possession of a Controlled Substance with Intent to Deliver in violation of Act 67 of 1972 [Ark. Stat. Ann. § 82-2617 (Supp. 1973)] because of the giving of an instruction to the jury which amounted to a comment on the evidence prohibited by Art. 7, Sec. 23 of the Constitution of Arkansas. The instruction was virtually a verbatim recitation of Act 68 of 1972 (Ark. Stat. Ann. § 82-2617). It read:

Possession of marijuana (Cannabis Sativa L.) in excess of one ounce shall create a…