STATE v. RUSSELL

No. 2340.

108 Ariz. 549 (1972)

503 P.2d 377

STATE of Arizona, Appellee, v. Lee Kennard RUSSELL, Appellant.

Supreme Court of Arizona, In Banc.

November 21, 1972.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by William P. Dixon, and Jack McCormick, Asst. Attys. Gen., Phoenix, for appellee.

Patrick E. Eldridge, Phoenix, for appellant.


HAYS, Chief Justice.

This is an appeal from a judgment of guilt after a trial to the court on the crime of sale of a narcotic drug (heroin) in violation of A.R.S. § 36-1002.02, as amended 1961, and a sentence of not less than 15 nor more than 20 years at Arizona State Prison.

We are called upon to determine:

1. Whether, if the defendant was acting as a participant in the sale as a procuring agent of the buyer, he can be convicted of selling narcotics...

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