State v. Garcia

Appellant was convicted on each, of three counts charging him with the unlawful possession and sale of marijuana, a narcotic drug. The dates of these alleged transactions were: Count 1, March 10,1964; Count 2, March 12, 1964; and Count 3, April 1, 1964.

After his motions for arrest of judgment and, in the alternative, for a new trial were heard and denied, appellant was sentenced to a maximum term in the state penitentiary of not more than 20 years on each count, the sentences to run concurrently.

Appellant’s first assignment of error raises the important legal question as to whether the trial…