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STATE v. ELIAS

No. 2931.

111 Ariz. 195 (1974)

526 P.2d 734

STATE of Arizona, Appellee, v. Roberto A. ELIAS, Appellant.

Supreme Court of Arizona, En Banc.

Rehearing Denied October 22, 1974.

Attorney(s) appearing for the Case

N. Warner Lee, Atty. Gen., Stanley L. Patchell, Asst. Atty. Gen., Phoenix, for appellee.

Ramon R. Alvarez, Douglas, for appellant.

HAYS, Chief Justice.

The defendant, Roberto Elias, was charged with the possession of marijuana for sale (Count I), transportation of marijuana (Count II), and conspiracy to possess marijuana for sale and transportation (Count III).

The trial was to the court without a jury, and opened with the following statements:

"MR. ALVAREZ: Defense is ready, Your Honor. "THE COURT: ... Is the Prosecution...

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