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STATE v. MURPHY

No. 3896.

117 Ariz. 57 (1977)

570 P.2d 1070

The STATE of Arizona, Appellee, v. David Allen MURPHY, Appellant.

Supreme Court of Arizona, In Banc.

October 4, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III and Thomas G. Bakker, Asst. Attys. Gen., Phoenix, for appellee.

Charles Anthony Shaw, Prescott, for appellant.

Young Lawyers Section, State Bar of Arizona; Arizona Civil Liberties Unions; Arizona Association of Drug Abuse Professionals; National Organization for Reform of Marijuana Laws by Charles K. Ayers, Garry B. Bryant, El Mirage, Willis E. Higgins, Michael L. Piccarreta, and Alan M. Schiffman, Phoenix, brief amicus curiae.

CAMERON, Chief Justice.

This is an appeal from a judgment of the court sitting without a jury finding the defendant guilty of possession of marijuana, A.R.S. § 36-1002.05. Imposition of sentence was suspended for one year under terms and conditions not pertinent to this appeal.

We must answer three questions on appeal:

1. Does the constitutional right of privacy of the Arizona and United States Constitutions render unconstitutional a ban on non...

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