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STATE v. VILLAVICENCIO

No. 2298.

108 Ariz. 518 (1972)

502 P.2d 1337

The STATE of Arizona, Appellee, v. Reyes Marrufo VILLAVICENCIO, Appellant.

Supreme Court of Arizona, In Banc.

November 20, 1972.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Louis A. Moore, Jr., Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, by William C. Blakley, Deputy Public Defender, Phoenix, for appellant.

CAMERON, Vice Chief Justice.

This is an appeal from jury verdicts and judgments of guilt to the crimes of possession of heroin for sale, § 36-1002.01 A.R.S. and possession of marijuana, § 36-1002.05 A.R.S.

We are called upon to determine:

1. whether the State failed to present sufficient facts to show constructive possession plus actual knowledge of narcotics which were found in a box on the open back porch of the defendant's apartment,...

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