STATE v. McGILL

No. 4139.

119 Ariz. 329 (1978)

580 P.2d 1183

The STATE of Arizona, Appellee, v. Harry S. McGILL, Appellant.

Supreme Court of Arizona, In Banc.

June 22, 1978.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Former Atty. Gen., John A. LaSota, Jr., Atty. Gen. by William J. Schafer, III, and Georgia B. Ellexson, Asst. Attys. Gen., Phoenix, for appellee.

Callahan, Cathcart & Gorman by Edwin F. Cathcart, Jr., Tempe, for appellant.


CAMERON, Chief Justice.

This is an appeal from a jury verdict and judgment of guilt as to two counts of sale of narcotic drug, a felony, A.R.S. §§ 36-1001, 36-1002.02, as amended 1974, and §§ 13-138, 139, 140, with a sentence thereon of not less than five nor more than fifteen years in the State Prison on each count to run concurrently.

We must answer three questions on appeal:

1. Did the trial court err in denying the defendant...

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