McCoy v. State

BRETT, Judge,

dissents.

I respectfully dissent to this decision for the same reasons stated in my dissent in Cory v. State, 543 P.2d 565, 572 (Okl.Cr.1975). In my opinion the morphological identification of marijuana is not sufficient to prove beyond a reasonable doubt that the substance is what it is alleged to be. Admittedly, it is sufficient for probable cause, but beyond that the substance should be properly identified. Therefore, I would reverse this conviction with instructions to dismiss the charge.