BURRAGE v. SUPERIOR COURT

No. 9594.

105 Ariz. 53 (1969)

459 P.2d 313

Larry E. BURRAGE and James Boyd Myrtle, Petitioners (Defendants), v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MOHAVE, and Honorable Frank X. Gordon, Jr., Judge thereof, and the State of Arizona, COUNTY ATTORNEY OF MOHAVE COUNTY, Arizona, real Party in Interest, Respondents (Plaintiff).

Supreme Court of Arizona. In Banc.

October 6, 1969.


Attorney(s) appearing for the Case

William Clark Kennedy, Kingman, for petitioners.

Leonard C. Langford, Mohave County Atty., Kingman, for respondents.


UDALL, Chief Justice:

On April 8, 1969 we granted a writ of mandamus in this action and indicated that our written opinion would follow.

Defendants, each of whom was 19 years of age and indigent, were arrested and charged with unlawful possession of "dangerous drugs" in violation of A.R.S. § 32-1964, subsec. A, par. 5. The exact name of the drug was not specified but oral argument before us disclosed that it was Thorazine — a tranquilizer. They...

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