State v. Faircloth

The majority opinion holds that the motion to dismiss should have been overruled as to Oram, and in that I agree. However, it holds that the motion should be sustained as to the other defendants.

While this is a case of first impression in this state, it is,'nevertheless, elementary that the opinions and holdings of this court should rest first upon the applicable law of this state and that holdings of other jurisdictions should be secondary.

The majority opinion cites from State v. Hunt, 91 Ariz. 149, 370 P. 2d 642, as follows: “But mere presence at a place where a narcotic drug is found is…