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STATE v. WHITE

No. 1778.

103 Ariz. 85 (1968)

436 P.2d 904

STATE of Arizona, Plaintiff, v. Alfreda WHITE aka Joyce Ann Gibson, Billy Morris Allen aka Billy Macon and Malva Orr aka Malva Jo Canada, Defendants.

Supreme Court of Arizona. In Banc.

February 7, 1968.

Attorney(s) appearing for the Case

Robert K. Corbin, Maricopa County Atty., by Cliff C. Wamacks, Deputy County Atty., Phoenix, for plaintiff.

Stephen W. Connors and Fred R. Esser, Phoenix, for defendant Alfreda White.

Gerald Machmer and Stanley A. Lehman, Phoenix, for defendant Billy Morris Allen.

Vernon B. Croaff, Public Defender, by Len J. Mark, Deputy Public Defender, Phoenix, for defendant Malva Orr.

LOCKWOOD, Justice:

The following question has been certified to this Court under Rule 346, Rules of Criminal Procedure, 17 A.R.S. (1956):

"Where an accused has been tried before a jury on a violation of A.R.S., Section 36-1002.01 (possession of narcotic drugs for sale) and has been found guilty by a jury of possession of narcotics (A.R.S., Section 36-1002), and the court thereafter has granted the accused's motion for new trial, does a retrial on the

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