¶1(specially concurring).
¶2I concur that the question of fact was for the jury to decide. The jury no doubt believed the evidence offered by the State. Notwithstanding this fact, because the defendant’s judgment and sentence was not final when the punishment for possession of marihuana was changed by the legislature, I would modify the sentence herein to one year imprisonment as now provided in 63 O.S.1971, § 2-402.