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18 Ariz. 34

Godfrey v. State

Arizona Supreme Court

Decided March 13, 1916

Arizona Supreme Court · decided 1916-03-13

<p>Intoxicating Liquors — Unlawful Introduction into State — Personal Use. — Defendant, who brought intoxicating liquors into the state for his personal use, was not guilty of unlawfully introducing such liquors.</p>

Reversed and remanded for new trial · Decided 1916-03-13

PER CURIAM.

¶1The appellant was charged with unlawfully introducing intoxicating liquors into the state of Arizona. At the trial he offered to show that he had brought the liquor into this state for his personal use. This defense was not permitted by the court, and the jury was instructed to find the defendant guilty, regardless of the purpose for which the liquor was introduced into the state.

¶2The Attorney General confesses that this was error and contrary to law, as laid down in Sturgeon v. State, recently decided by this court. He asks that the case be reversed and remanded for a new trial.

¶3It is so ordered.

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