POPE, Chief Judge.
Defendants John D. McGinnis and Vicky D. McGinnis were arrested on May 25, 1990 and charged with possessing and having in their control in excess of 60 growing marijuana plants (Count 1), possessing and having in their control marijuana seeds (Count 2), and possessing in excess of one gallon of distilled spirits not bearing the proper tax stamps (Count 3). Count 2 of the indictment was dismissed and defendants were found guilty on Counts 1 and 3...
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