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STATE EX REL. SCHAFER v. FENTON

No. 9357-PR.

104 Ariz. 160 (1969)

449 P.2d 939

The STATE of Arizona ex rel. Wm. J. SCHAFER III, County Attorney of Pima County, Petitioner, v. The Honorable Norman S. FENTON, Judge of the Superior Court in and for Pima County; and Kendall Ellis PARSONS, the Real Party in Interest, Respondent.

Supreme Court of Arizona. En Banc.

January 30, 1969.

Attorney(s) appearing for the Case

William J. Schafer III, County Atty., Pima County, Tucson, William J. Augustine, Chief Criminal Deputy, Pima County, for petitioner.

Dino DeConcini, City Atty., Tucson, Sidney Lex Felker, Asst. City Atty., amicus curiae.

W. Mercer Bouldin, Tucson, for real party in interest.

UDALL, Chief Justice:

This matter is before us on a petition for review of a decision of the Court of Appeals. That court set aside the order of the trial court, dismissing the information against respondent, and ordered that the information be reinstated. 7 Ariz.App. 507, 441 P.2d 273 (1968).

The essential facts are as follows: Respondent, hereinafter Parsons, borrowed an airplane...

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