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STATE v. JARAMILLO

No. 2788.

111 Ariz. 2 (1974)

522 P.2d 1079

STATE of Arizona, Appellant, v. Carlos Manuel JARAMILLO, Appellee.

Supreme Court of Arizona, In Division.

Rehearing Denied July 9, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Moise Berger, Maricopa County Atty. by Roger A. McKee, Deputy County Atty., Phoenix, for appellant.

Ross P. Lee, Maricopa County Public Defender by Anne Kappes, Deputy Public Defender, Phoenix, for appellee.

STRUCKMEYER, Justice.

Appellee, Carlos Manuel Jaramillo, was charged with and convicted by a jury with offering to sell heroin in violation of A.R.S. § 36-1002.02. The court below granted appellee's motion for a new trial and the State of Arizona appeals.

The following facts are decisive of this appeal. On June 26, 1972, an undercover agent for the Phoenix Police Department assigned to the Federal Drug Abuse Law Enforcement task force, told appellee that...

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