Banks

The appellant was indicted on three counts: Counts 1 and 2 charged appellant with transferring on September 25, 1943, and October 10, 1943, one and two marihuana cigarettes, respectively, without a written order of the person to whom transferred and without a form issued in blank for that purpose by the Secretary of the Treasury. Count 3 charged appellant with possession of two marihuana cigarettes without a written order form and without having registered and paid the special tax as required by law. The jury found appellant guilty on all three counts. A motion for a new trial was denied, and judgment was entered. Appellant was sentenced to the penitentiary for two years on count 1 and two years on count 2, the two sentences to run concurrently. The imposition of a sentence on count 3 was suspended for a year after the expiration of the other sentences, during which year the appellant was to be on probation. From this judgment and sentence, the present appeal is taken.

The first assignment of error was that the witness Townsend Davidson was permitted to testify over the appellant’s objection with reference to the fact that the cigarette was marihuana.

The qualification of the…