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STATE v. SUPERIOR COURT

No. 8763.

100 Ariz. 373 (1966)

414 P.2d 746

STATE of Arizona ex rel. Robert K. CORBIN, as County Attorney of Maricopa County, Applicant, v. SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF MARICOPA, the Honorable Warren L. McCarthy, as a Judge thereof, and John Wesley Schroeder, Respondents.

Supreme Court of Arizona. In Banc.

May 19, 1966.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., James S. Tegart, Asst. Atty. Gen., Robert K. Corbin, Maricopa County Atty., John A. Golden, Deputy County Atty., Phoenix, for applicant.

Peterson, Estrada, Matz & Machmer, Phoenix, W. Edward Morgan, Tucson, of counsel, for respondent, Schroeder.

STRUCKMEYER, Chief Justice.

On March 22, 1966, the State of Arizona, out of the relationship of Robert K. Corbin, County Attorney of Maricopa County, applied to this Court for a writ to prohibit respondent Superior Court and the Judge thereof, the Honorable Warren L. McCarthy, from continuing to give legal force and effect to an order for stay of execution of one John Wesley Schroeder. On April 5, 1966, after informal hearing, this Court ordered that a peremptory...

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