what was suspected to be marijuana. The two persons in the Volkswagen, Barry Hayes and Reginold Noles, were arrested and taken to police headquarters. Barry Hayes stated that he had purchased the marijuana from the defendant. An arrest warrant was issued for defendant and when it was served on him at his home it was noted that he had a yellow Javelin. Defendant appeals his conviction. Held:
1. Defendant enumerates as error the general grounds and denial of his motion for a new trial by the trial court. The motion for a new trial was based in part on the general grounds. The state used the testimony of Barry and Paul Hayes, brothers, as the principal witnesses against the defendant. They testified that one or two days before October25, 1974, Barry Hayes had seen defendant and asked him if he could get him "a pound." Defendant said that he could. On October 25, Barry Hayes called defendant and told him to meet him at "the Market Basket" which was located at the intersection of Highway 96 and Moody Road. Paul and Barry Hayes met with the defendant that evening and Paul Hayes entered defendant's yellow Javelin and gave him $165 and received "a pound of marijuana." Paul gave the marijuana to Barry who picked up his friend Reginold Noles, and they drove to the location where they were then observed by the police and later arrested.
Defendant denied that he sold marijuana to the Hayes brothers. He admitted that he saw Barry and Paul Hayes on two