State v. Baltier

HAYS, Chief Justice.

Defendant, Rudolph Brito Baltier, appeals from a judgment of guilt on the sale of a narcotic drug (L.S.D.) in violation of ARS § 32-1964, (now repealed and covered by other sections). Defendant was sentenced to not less than one nor more than three years in the Arizona State Prison.

Baltier presents one question on appeal: Could he, acting only as a procuring agent for the buyer, be convicted of selling dangerous drugs under ARS § 32-1964?

The facts necessary for determination of the matter on appeal are as follows: The defendant waived his right to a jury trial, was tried…