Fight v. State

Carleton Harris, Chief Justice.

Appellant, Johnny Fight, was charged by Information with delivery of a controlled substance, a violation' of Act No. 590 of 1971 (Ark. Stat. Ann. §§ 82-2601 — 38 (Supp. 1971). In Bennett v. State, 252 Ark. 128, 477 S.W. 2d 497, this court held that this offense constituted a misdemeanor, rather than a felony. On trial, the jury found Fight guilty and assessed his punishment at imprisonment in the county jail for a period of one year, together with a fine of $250.00. From the judgment so entered, appellant brings this appeal. Three points are asserted for…