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ERDMAN v. SUPERIOR COURT OF MARICOPA COUNTY

No. 9076-PR.

102 Ariz. 524 (1967)

433 P.2d 972

Hugo A. ERDMAN, Jr., Petitioner, v. The SUPERIOR COURT OF MARICOPA COUNTY, Arizona, the Honorable Fred J. Hyder, Presiding Judge, and the Honorable Yale McFate, Respondents, City of Phoenix, a municipal corporation, Real Party in Interest.

Supreme Court of Arizona. In Banc.

Rehearing Denied December 19, 1967.

Attorney(s) appearing for the Case

Max M. Klass, Phoenix, for petitioner.

Robert J. Backstein, City Atty., by, Alan K. Polley, Asst. City Atty., Phoenix, for respondents and real party in interest.

McFARLAND, Vice Chief Justice.

Petitioner-defendant, Hugo Erdman, Jr., hereinafter designated defendant, was, on the 23rd day of September 1965, arrested without a warrant, and taken into custody by a police officer of the City of Phoenix, and immediately booked in the city jail for acts committed in the presence of the officer. On the following day a complaint was filed before a city magistrate by a desk sergeant who was the Police Department's liaison officer. While...

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