State v. Faccio

Defendant’s two assignments of error present a single question: Did the evidence present a prima facie case against him on the charge of conspiracy to commit criminal activity in drugs? We so hold.

There was testimony that Judith Roth — alleged in the indictment to be defendant’s co-conspirator — engaged in extended negotiations with an informant to sell a large amount of amphetamine tablets. During these negotiations, Ms. Roth stated that defendant was her source of illegal drugs.

Police officers observed a transaction between Ms. Roth and a customer on January 17,1975 — alleged in the…