Missouri Court of Appeals August 8, 1996, No. 20853 (State v. Martin)

CROW, Presiding Judge.

A corporal of the Missouri State Highway Patrol, accompanied by the sheriff of Phelps County, arrested John Richard Martin (“Defendant”) after observing ten marijuana plants growing approximately forty yards from a house occupied by Defendant and his wife. The prosecutor subsequently charged Defendant with three felonies regarding the marijuana.