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STATE v. JAMES

No. 1 CA-CR 203.

10 Ariz. App. 394 (1969)

459 P.2d 121

The STATE of Arizona, Appellee, v. Noel Glen JAMES, John James Immerman and Eric Wendell Anderson, Appellants.

Court of Appeals of Arizona, Division 1. Department A.

September 29, 1969.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.

Kramer, Roche, Burch, Streich & Cracchiolo, by B. Michael Dann, Phoenix, for appellants James and Anderson.

Lewis, Roca, Beauchamp & Linton, by Levi J. Smith, Phoenix, for appellant Immerman.

CAMERON, Judge.

This is an appeal from a judgment of guilty as to all three defendants of the crime of possession of marijuana in violation of § 36-1002.05 A.R.S., as amended 1961.

We are called upon to determine:

1. Was there probable cause to issue the search warrant? 2. Was the affidavit "positive" as required by statute for service in the nighttime? 3. Was the warrant good as to Noel James? 4. Did the trial court...

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