State v. Gutierrez

PHELPS, Justice.

The County Attorney filed an information in Pima County against the petitioner herein, charging him with unlawfully dispensing narcotics, to wit: Heroin, all in violation of section 68-803, A.C.A.1939, as amended [A.R.S. § 36-1002].

The petitioner, after a plea of not guilty, was tried, convicted and sentenced to a term of from nine to twelve years in the Arizona State Prison, pursuant to section 68-834, A.C.A.1939, as amended, 1952 Cum.Supp. [A.R.S. § 36-1020]. The cause was appealed to this Court and judgment affirmed, 306 P.2d 634. The constitutionality of the act, under…