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STATE v. VILLAVICENCIO

No. 1307.

95 Ariz. 199 (1964)

388 P.2d 245

STATE of Arizona, Appellee, v. Fermin VILLAVICENCIO, Appellant.

Supreme Court of Arizona, In Division.

January 8, 1964.

Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., Stirley Newell, Asst. Atty. Gen., Phoenix, for appellee.

Gibson & Gibson, Phoenix, for appellant.

LOCKWOOD, Vice Chief Justice.

Fermin Villavicencio was charged with illegal sale of narcotic drugs. After a jury trial, he was found guilty and sentenced to five to seven years in the state penitentiary. This appeal followed.

During the trial, Roy Madrid, a state narcotics agent, testified that he and Neo Martinez visited appellant's home. Madrid's testimony regarding this encounter was as follows:

"A. This other person [Neo Martinez] was —...

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