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STATE v. SUPERIOR COURT IN AND FOR CO. OF MARICOPA

No. 9217.

103 Ariz. 319 (1968)

441 P.2d 548

STATE of Arizona ex rel. Robert K. CORBIN, County Attorney for Maricopa County, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA; C. Edwin Thurston, a Judge thereof; and Loraine Kay Farrier, real party in interest, Respondents.

Supreme Court of Arizona. In Banc.

June 5, 1968.

Attorney(s) appearing for the Case

Robert K. Corbin, County Atty., by Stephen A. Gerst, Phoenix, for petitioner.

Vernon Croaff, Public Defender, by Don Francone, Deputy Public Defender, for respondents.

BERNSTEIN, Justice.

This case is before us on a Writ of Certiorari. The pertinent facts follow: Loraine Kay Farrier was charged by two separate informations with the unlawful sale of marijuana in violation of A.R.S. § 36-1002.07, subsec. A. Both charges were tried together. At the close of the state's evidence a directed verdict of acquittal was granted on one of the charges but the included offense of possession of marijuana on that charge was left for the jury...

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