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STATE v. CORDOVA

No. 2532.

109 Ariz. 439 (1973)

511 P.2d 621

The STATE of Arizona, Appellee, v. Arnulfo Montiel CORDOVA, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied September 18, 1973.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by John S. O'Dowd, Asst. Atty. Gen., Phoenix, and James P.F. Egbert, Third Year Law Student, University of Arizona, Tucson, for appellee.

Edward P. Bolding, Pima County Public Defender by John G. Hawkins, Deputy Public Defender, Tucson, for appellant.

CAMERON, Vice Chief Justice.

This is an appeal from a judgment by the court sitting without a jury finding the defendant guilty of three counts of unlawful sale of narcotics, § 36-1002.02 A.R.S., and a sentence of not less than five nor more than eight years as to each count with the sentences to be served consecutively.

We are asked two questions on appeal:

1. Was the grand jury which indicted the defendant unconstitutionally drawn because of...

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