STATE v. McELROY

No. 5097.

128 Ariz. 315 (1981)

625 P.2d 904

STATE of Arizona, Appellee, v. Marvin Timothy McELROY, Appellant.

Supreme Court of Arizona, In Banc.

March 9, 1981.


Attorney(s) appearing for the Case

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

Waldo W. Israel, Yuma, for appellant.


CAMERON, Justice.

Defendant was found guilty by the court sitting without a jury of the crime of attempted possession of dangerous drugs in violation of A.R.S. §§ 32-1996, 13-1001, 13-701, 13-801. The crime was treated as a misdemeanor, and defendant was placed on probation. We have jurisdiction pursuant to Rule 47(e)(5), Rules of the Supreme Court, 17A A.R.S.

We must answer only one question on appeal: May the defendant be charged with attempted...

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