STATE v. ENCINAS

No. 4015-PR.

117 Ariz. 165 (1977)

571 P.2d 662

STATE of Arizona, Appellee, v. Frank R. ENCINAS, Appellant.

Supreme Court of Arizona, En Banc.

October 25, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Crane McClennen, Asst. Atty. Gen., Phoenix, for appellee.

Debus, Busby & Green, Ltd. by Jordan L. Green and Robert J. Lyman, Phoenix, for appellant.


HAYS, Justice.

Appellant Frank R. Encinas was indicted in April, 1974, for one count of sale of a narcotic drug, in violation of A.R.S. § 36-1002.02. A second indictment for two counts of the same offense came in February, 1976. He came before the Superior Court of Maricopa County in April, 1976, waived a trial by jury and submitted the issue of his guilt or innocence on the contents of one exhibit in each cause number, a police departmental report. The trial...

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