Nichols v. State

Court of Criminal Appeals of Oklahoma

Nichols v. State

1973 OK CR 56, 506 P.2d 622, 1973 Okla. Crim. App. LEXIS 399

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 2, 1973

DocketNo. A-16397

StatusPublished

This text of 1973 OK CR 56 (Nichols v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nichols v. State, 1973 OK CR 56, 506 P.2d 622, 1973 Okla. Crim. App. LEXIS 399 (Okla. Ct. App. 1973).

Pincite

Opinion

OPINION

BRETT, Judge:

Appellant, Charles Nichols, hereinafter referred to as defendant, was convicted in the District Court of Pittsburg County, Case No. CRF-70-77, of sale of marihuana (63 O.S., § 451) with punishment fixed at the maximum imprisonment allowable of seven years. Judgment and sentence was imposed on July 10, 1970, and this appeal perfected therefrom.

[623]*623We deem it unnecessary to discuss the facts in this case, as it is apparent that the trial court erroneously instructed the jury. The trial court instructed the jury that marihuana was a narcotic drug. As we held in Sam v. State, Okl.Cr., 500 P.2d 291 (1972), “Marihuana is not a narcotic drug under Oklahoma Statutes, and the trial court’s instructions to that effect are error.” Such error requires reversal of the conviction.

Reversed and remanded.

BLISS, P. J., and BUSSEY, J., concur.

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