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STATE v. JARZAB

No. 4571-PR.

123 Ariz. 308 (1979)

599 P.2d 761

STATE of Arizona, Appellee, v. Eugene F. JARZAB, Jr., Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied September 11, 1979.

Attorney(s) appearing for the Case

John A. LaSota, Jr., former Atty. Gen., Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Georgia B. Ellexson, Gerald R. Grant, Asst. Attys. Gen., Phoenix, for appellee.

Lane & Penrod, Ltd. by Clair W. Lane, Craig W. Penrod, Tempe, for appellant.

STRUCKMEYER, Vice Chief Justice.

Appellant, Eugene Francis Robert Jarzab, Jr., was convicted of possession of marijuana, a misdemeanor. The Court of Appeals, in a memorandum decision, reversed. We accepted review. Opinion of the Court of Appeals, 1 CA-CR 3395 (filed January 11, 1979), vacated. Judgment of the Superior Court affirmed.

At about 1:40 a.m. on June 18, 1977, near Phoenix, Arizona, sheriff's deputy Russell Pearce while driving over an overpass saw...

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