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STATE v. BYERS

No. 1 CA-CR 311.

16 Ariz. App. 3 (1971)

490 P.2d 580

STATE of Arizona, Appellee, v. Matthew Ray BYERS, Appellant.

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

November 9, 1971.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Albert M. Coury, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by James H. Kemper, Deputy Public Defender, Phoenix, for appellant.

CASE, Judge.

This is an appeal from a judgment of conviction for possession of marijuana and a narcotic drug.

The facts necessary for a determination of this matter are as follows:

On or about May 9, 1968, Officer Harris of the Phoenix Police Department procured a search warrant from Phoenix Justice of the Peace John J. Murphy. The affidavit in support thereof stated:

"Affiant received information from a past proven reliable and confidential...

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