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STATE v. DOUGLAS

Nos. 2 CA-CR 1369, 2 CA-CR 1414.

120 Ariz. 613 (1978)

587 P.2d 1190

The STATE of Arizona, Appellee, v. Archie Lee DOUGLAS, Carol Ann Hutton, Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 8, 1978.

Review Denied November 28, 1978.

Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen. by Philip G. Urry, Asst. Atty. Gen., Tucson, for appellee.

John M. Neis, Pima County Public Defender by Frederic J. Dardis and Allen G. Minker, Asst. Public Defenders, Tucson, for appellant Douglas.

Donn S. Alpert, Tucson, for appellant Hutton.

OPINION

HOWARD, Judge.

A two-count indictment was returned against appellants, accusing them in Count One of an unlawful offer to sell heroin or in Count Two of obtaining money by false pretenses pursuant to a fraudulent scheme or artifice. Appellants' motions to require the state to elect between the two alternative offenses charged were denied. Also denied was a motion to dismiss Count One on the grounds that the substance offered for sale was not heroin...

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