PHELPS, Justice.
Defendant was convicted in the superior court of Pima County, Arizona, of the violation of the Uniform Narcotics Act of 1935, A.C.A. 1939, § 68-801 et seq., to wit, that he wilfully and unlawfully had in his possession and under his control certain narcotic drugs commonly known as marijuana. From the judgment entered thereon defendant appeals.
Two assignments of error have been presented for consideration:
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