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STATE v. GALLEGOS

No. 1327.

99 Ariz. 168 (1965)

407 P.2d 752

STATE of Arizona, Appellee, v. Pete "Sudro" GALLEGOS, Appellant.

Supreme Court of Arizona. En Banc.

November 12, 1965.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Gary Nelson, Asst. Atty. Gen., for appellee.

Peterson, Estrada & Matz, and Gerald Machmer, Phoenix, for appellant.

STRUCKMEYER, Vice Chief Justice.

Appellant Pete Gallegos was tried on three counts for the crime of illegal sale of narcotic drugs and convicted on Count Two, charging the sale of heroin in violation of § 36-1002.02, A.R.S., 1961, as amended, and Count Three, charging the sale of marijuana, in violation of § 36-1002.07, A.R.S., 1961, as amended.

As grounds of appeal, appellant assigns that a fatal defect existed in the information on which he was...

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