STATE v. WHITTINGHAM

No. 1 CA-CR 443.

19 Ariz. App. 27 (1973)

504 P.2d 950

STATE of Arizona, Appellee, v. Janice WHITTINGHAM and Greg Whittingham, Appellants.

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

Rehearing Denied February 27, 1973.

Review Granted April 3, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by James R. Redpath and Roderick G. McDougall, Asst. Attys. Gen., Phoenix, for appellee.

Mangum, Wall & Stoops by Richard K. Mangum, Flagstaff, for appellants.


DONOFRIO, Presiding Judge.

Appellants were convicted of a violation of A.R.S. § 36-1061, possession of peyote, a misdemeanor. They appealed, seeking a determination from this Court as to whether their convictions violated the First Amendment of the United States Constitution which guarantees the free exercise of freedom of religion. The charges, subsequent arrest, and convictions stem from a raid led by undercover agents of the Department of Public Safety on...

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