ARTERBURN, J.
The appellant was charged by affidavit with the crime of violating the 1935 Narcotic Act as amended.
Acts 1935, Ch. 280, § 2, p. 1351; 1961, Ch. 90, § 2, p. 169, being Burns' Ind. Stat. Anno. § 10-3520 (Supp. 1956).
Count One of the affidavit charged the appellant with possession of marijuana and Count Two charged him with selling
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