APPLICATION OF ACOSTA

No. 7872.

97 Ariz. 333 (1965)

400 P.2d 328

Application for a Writ of Habeas Corpus of Peter ACOSTA.

Supreme Court of Arizona. En Banc.

March 25, 1965.


Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., Philip M. Haggerty, Asst. Atty. Gen., for appellee.

Lawrence C. Cantor, Phoenix, for appellant.


BERNSTEIN, Justice.

Appellant was convicted of the illegal possession of heroin in Maricopa County Superior Court in 1960, and sentenced to from 12 to 20 years in the penitentiary. The first trial ended in the granting of a motion for a mistrial. The conviction here was the result of the second trial.

At the second trial the defense efforts were directed toward securing a dismissal of the charges or of a directed verdict. No defense testimony was offered....

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