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STATE v. CARSON

No. 1 CA-CR 149.

8 Ariz. App. 136 (1968)

444 P.2d 161

STATE of Arizona, Appellee, v. Richard Linwood CARSON, Appellant.

Court of Appeals of Arizona.

Rehearing Denied September 4, 1968.

Review Denied October 22, 1968.

Attorney(s) appearing for the Case

Darrell F. Smith, Former Atty. Gen., Gary K. Nelson, Atty. Gen., by William E. Eubank, Chief Asst. Atty. Gen., for appellee.

Vernon B. Croaff, Public Defender, by Charles F. Hyder, Deputy Public Defendder for appellant.

STEVENS, Judge.

Carson was charged by a direct information filed in the Superior Court. The information charged that on 8 August 1967 he "did then and there use or was under the influence of a narcotic drug, all in violation of A.R.S., Sec. 36-1062, as amended 1961." The penalty provision of the code section in question insofar as it related to the case now under consideration is as follows:

"Any person convicted of violating any provision of this section...

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