Fowler v. State

Gunter, Justice,

dissenting from order entered December 19, 1972, vacating an order entered by the court in the same matter on October 23, 1972.

On October 20, 1972, John R. Fowler and James S. Green, movants, filed a motion in this court pursuant to Rule 36 (b) of this court seeking an order from this court that would permit them bail pending the appeal of their cases.

The motion alleged, among other things, the following: (a) The movants were indicted, tried, and convicted for the possession of less than one ounce of marijuana. The jury *886fixed punishment for each movant, such punishment being a…