State v. Kiser

OPINION

KRUCKER, Judge.

Appellant, Harry Earl Kiser, was charged with unlawful sale of heroin on July 6, 1972, in violation of A.R.S. § 36-1002.02 (Supp. 1971-72). He was convicted at his first trial, but the trial court subsequently granted his motion for a new trial. This ruling was affirmed on appeal. 111 Ariz. 316, 529 P.2d 215. Appellant was tried a second time, convicted, and sentenced to five to seven years in the state prison. He has now perfected this appeal.

Appellant raises numerous contentions on appeal: (1) The evidence established entrapment as a matter of law; (2) the State failed…