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STATE EX REL. BERGER v. SUPERIOR COURT

No. 10038.

106 Ariz. 470 (1970)

478 P.2d 94

STATE of Arizona ex rel. Moise BERGER, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable Gordon Farley, Visiting Judge Thereof; and Robert WHYTE, Real Party In Interest, Respondents.

Supreme Court of Arizona, In Banc.

December 23, 1970.

Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty. by John Trombino, Deputy County Atty., Phoenix, for petitioner.

Ross P. Lee, Public Defender by Ken Skiff, Deputy Public Defender, Phoenix, for respondents.

LOCKWOOD, Chief Justice:

Defendant Whyte was charged with the crime of burglary in Cause No. 61447, and with the crime of burglary and grand theft in Cause No. 61318, in the Superior Court of Maricopa County. Cause No. 61318 was set for trial on April 7, 1970. On the same day the defendant presented a Motion for a Bill of Particulars reading as follows:

"The defendant, ROBERT WHYTE, through his attorney undersigned and pursuant to Rule 116, Arizona Rules...

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