ELLETT, Chief Justice:
Appellant was charged with the offense of distribution for value of a controlled substance on June 17, 1975, under Section 58-37-8(1)(a)(ii), U.C.A., 1953 as amended (Utah Controlled Substances Act). He was tried by jury and found guilty whereupon he moved for a mistrial. The motion was granted and the case reset for trial. On November 20, 1975, this case was heard before the same court but sitting this time without a jury, and the evidence...
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