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STATE v. GUTHRIE

No. 2239.

108 Ariz. 280 (1972)

496 P.2d 580

STATE of Arizona, Appellee, v. James Lee GUTHRIE, Appellant.

Supreme Court of Arizona, In Division.

Rehearing Denied May 23, 1972.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by William P. Dixon, Asst. Atty. Gen., Phoenix, for appellee.

Thikoll & Johnston, by Leon Thikoll, Tucson, for appellant.

HOLOHAN, Justice:

Defendant, James Lee Guthrie, was convicted after a trial by jury of the unlawful sale of heroin in violation of A.R.S. 36-1002.02. He was sentenced to a term of not less than five nor more than seven years in the state prison.

On May 7, 1969 in Tucson, the defendant sold a quantity of heroin to John Martinez, an undercover agent of the Tucson Police. Also present at the sale was a 17 year old minor girl, hereinafter referred to as Miss S...

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