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STATE v. KISER

No. 2 CA-CR 705.

26 Ariz. App. 106 (1976)

546 P.2d 831

The STATE of Arizona, Appellee, v. Harry Earl KISER, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 14, 1976.

Review Denied May 11, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, and Frank T. Galati, Asst. Attys. Gen., Phoenix, for appellee.

Chandler, Tullar, Udall & Richmond, by Robert E. Lundquist, Tucson, for appellant.

OPINION

KRUCKER, Judge.

Appellant, Harry Earl Kiser, was charged with unlawful sale of heroin on July 6, 1972, in violation of A.R.S. § 36-1002.02 (Supp. 1971-72). He was convicted at his first trial, but the trial court subsequently granted his motion for a new trial. This ruling was affirmed on appeal. 111 Ariz. 316, 529 P.2d 215. Appellant was tried a second time, convicted, and...

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