STATE v. FOX

No. 2618.

110 Ariz. 77 (1973)

515 P.2d 322

STATE of Arizona, Appellee, v. Arnis FOX and Rene Robert Dutertre, Appellants.

Supreme Court of Arizona, En Banc.

November 5, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Cleon M. Duke, Asst. Atty. Gen., Phoenix, for appellee.

Patrick E. Eldridge, Phoenix, for appellants.


HAYS, Chief Justice.

Defendants, Arnis Fox and Rene Robert Dutertre, were charged with possession of marijuana for sale, and possession of dangerous drugs for sale. After a trial by the court, without a jury, they were found guilty, the sentence of each was suspended, and they were placed on probation for five years. Both have appealed.

Two issues are raised: (1) should the evidence have been suppressed, on defendants' motion, because the warrant did not comply...

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