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STATE v. DIXON

No. 2596.

109 Ariz. 441 (1973)

511 P.2d 623

The STATE of Arizona, Plaintiff, v. Benny DIXON, Defendant.

Supreme Court of Arizona, En Banc.

July 6, 1973.

Attorney(s) appearing for the Case

Rose Silver, Former Pima County Atty., Dennis W. DeConcini, Pima County Atty. by Stephen M. Weiss, Deputy County Atty., Tucson, for the State of Arizona.

Albert R. Gamble, Tucson, for defendant.

HAYS, Chief Justice.

Under Rule 346 of the Rules of Criminal Procedure, 17 A.R.S., the following question has been certified to us by the Superior Court of Pima County:

"Does the sole act of selling heroin to a purchaser who voluntarily out of the presence of, and without the assistance of, the seller injects the same quantity of heroin into his body and dies as a result thereof constitute second degree murder?"

Two Arizona statutes must be considered...

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