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ST. EX REL. DE CONCINI v. CITY CT. OF CITY OF TUCSON, PIMA COUNTY

No. 2 CA-CIV 657.

9 Ariz. App. 522 (1969)

454 P.2d 192

The STATE of Arizona ex rel. Dino DE CONCINI, City Attorney of the City of Tucson, Petitioner, v. CITY COURT OF the CITY OF TUCSON, PIMA COUNTY, Arizona, Samuel Rothman, and all other magistrates of said Court, Respondents; Benjamin Charles SMITH, Real Party in Interest.

Court of Appeals of Arizona.

May 9, 1969.

Attorney(s) appearing for the Case

Dino De Concini, City Atty., John S. O'Dowd, City Prosecutor, City of Tucson, Wm. E. Hildebrandt, Asst. City Prosecutor, for petitioner.

Benjamin C. Smith, real party in interest, in pro. per.

MOLLOY, Chief Judge.

This court has issued a special writ to test the propriety of an order entered by a city magistrate granting to the defendant a jury trial in a criminal action in which the defendant is charged with violating two sections of our state statutes pertaining to the operation of motor vehicles. The offenses charged are that the defendant was driving in excess of a reasonable and prudent speed in violation of A.R.S. § 28-701, as amended,

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