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STATE v. BALTIER

No. 2466.

109 Ariz. 96 (1973)

505 P.2d 556

The STATE of Arizona, Appellee, v. Rudolph Brito BALTIER, Appellant.

Supreme Court of Arizona, In Banc.

January 25, 1973.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, by Howard L. Fell, Asst. Atty. Gen., Tucson, for appellee.

Howard A. Kashman, Former Pima County Public Defender, Edward P. Bolding, Pima County Public Defender, by Albert G. Freeman, Deputy Public Defender, Tucson, for appellant.

HAYS, Chief Justice.

Defendant, Rudolph Brito Baltier, appeals from a judgment of guilt on the sale of a narcotic drug (L.S.D.) in violation of ARS § 32-1964, (now repealed and covered by other sections). Defendant was sentenced to not less than one nor more than three years in the Arizona State Prison.

Baltier presents one question on appeal: Could he, acting only as a procuring agent for the buyer, be convicted of selling dangerous drugs under ARS ...

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