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STATE v. KILLIAN

No. 1210.

91 Ariz. 140 (1962)

370 P.2d 287

STATE of Arizona, Appellee, v. Victor Ross KILLIAN, Appellant.

Supreme Court of Arizona, In Division.

March 28, 1962.

Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., Stirley Newell, Asst. Atty. Gen., Charles N. Ronan, County Atty., Phoenix, for appellee.

Tenney & Pearson, Phoenix, for appellant.

DEDDENS, Judge of the Superior Court.

Appellant (hereinafter called defendant) pleaded guilty to the crime of illegal possession of marijuana and was sentenced to seven to ten years in the State Prison, beginning April 17, 1961. He was promptly committed. The sentence was imposed under A.R.S. § 36-1020 (1956) which reads as follows:

"A person violating any provision of this article shall, upon conviction, be punished by a fine not exceeding fifty thousand...

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