Dale L. Certain v. State Indiana

Appellant was charged by affidavit in two counts: Count I, unlawful possession of a narcotic drug, and Count II, unlawful possession and control of a narcotic drug with intent to barter, exchange, sell and dispense to another. The substance which appellant was alleged to have had in his possession was marijuana, which at that time was included in the narcotic drug statute. IC 1971, 35-24-1-1 (14) (a), Burns Ind. Ann. Stat., 1971 Supp., § 10-3519 (14) (a). A 1971 amendment to the statute excluded "cannabis" from the list of narcotic drugs. Trial by jury resulted in a finding of guilty as to Count I. He was accordingly sentenced to the Indiana State Reformatory for a period of not less than two nor more than ten years and fined $1,000.