STATE v. SUPERIOR COURT IN AND FOR COUNTY OF PIMA

Nos. 2 CA-CIV 325, 2 CA-CIV 344.

4 Ariz. App. 562 (1967)

422 P.2d 393

The STATE of Arizona and Pima County, State of Arizona, Petitioners, v. The SUPERIOR COURT IN AND FOR the COUNTY OF PIMA, State of Arizona, and the Honorable John P. Collins, Judge of the Superior Court, Division One, In and For the County of Pima, Respondents.

Court of Appeals of Arizona.

Review Granted February 21, 1967.


Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Edward W. Scruggs, Sp. Asst. Atty. Gen., Tucson, William J. Schafer, III, County Atty. of Pima County, for petitioners.

Johnson, Darrow, D'Antonio, Hayes & Morales, by Lawrence P. D'Antonio, Tucson, for respondents.


MOLLOY, Judge.

This court has granted oral argument on the motion for rehearing to consider new matter presented by the respondents in a motion for rehearing. The new matter brought to the attention of the court is the assertion that the respondent-judge was the designated "Assignment Judge" in Pima County at the time of the entry of the order directing that the subject grand jury be called into session and discharged and that, as such, he was vested with jurisdiction...

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