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STATE v. MARCUS

No. 1732.

104 Ariz. 231 (1969)

450 P.2d 689

STATE of Arizona, Plaintiff, v. David MARCUS, Defendant.

Supreme Court of Arizona. In Banc.

February 13, 1969.

Attorney(s) appearing for the Case

Robert K. Corbin, Maricopa County Atty., by Dennis P. Blackhurst and James Douglas McVay, Deputy County Attys., Phoenix, for plaintiff.

Lewis, Roca, Beauchamp & Linton, by John P. Frank, John J. Flynn and Paul G. Ulrich, Phoenix, for defendant.

STRUCKMEYER, Justice.

David Marcus, a licensed physician, was informed against by the County Attorney of Maricopa County on three counts of illegal sale of narcotic drugs, a violation of A.R.S. § 36-1002.02.1 Defendant duly moved to quash the information, which motion was denied. Shortly before trial, he orally renewed his motion and the trial judge certified this compound question as important and doubtful:

"May a licensed...

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