No. 4839-PR.

125 Ariz. 249 (1980)

609 P.2d 64

STATE of Arizona, Appellee, v. Ralph Tauarr ELLERSON, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied April 2, 1980.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III and Lynn Hamilton, Asst. Attys. Gen., Phoenix, for appellee.

Richard S. Oseran, Pima County Public Defender by P. Donovan Riddle and Barry J. Baker-Sipe, Deputy Public Defenders, Tucson, for appellant.

CAMERON, Justice.

This is an appeal from a jury verdict and judgment of guilt to the charge of unlawful possession of a narcotic drug, heroin, A.R.S. § 36-1002, as amended, and A.R.S. § 36-1002.10.1 The Court of Appeals affirmed the judgment and verdict, and we granted review because of what we believed to be a misstatement of the law by the Court of Appeals.

We must determine four matters on appeal:

1. Did the...

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