State v. Valdez Padilla

STRUCKMEYER, Justice.

Appellant and a co-defendant were arrested, tried and convicted on the charge of possession of a narcotic drug, heroin, in violation of A.R.S. § 36-1002, as amended, Laws of 1961, Ch. 1, 1st S.S. § 2, and he appeals.

Appellant first complains that the court below erred in failing to direct a verdict of acquittal on the grounds that there was no showing of exclusive possession of heroin. The evidence for the prosecution established these circumstances. Two City of Phoenix police officers at about the hour of 9:00 p. m. on the evening of October 22, 1967, drove into the…