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QUINTANA v. MYERS

No. 10729.

108 Ariz. 95 (1972)

492 P.2d 1202

Johnny QUINTANA, Petitioner, v. Robert L. MYERS, Judge of the Superior Court, Division No. 5, Maricopa County, Arizona, and Moise Berger, County Attorney of Maricopa County, Arizona, Respondents.

Supreme Court of Arizona, In Banc.

January 27, 1972.

Attorney(s) appearing for the Case

Patrick E. Eldridge, Phoenix, for petitioner.

Moise Berger, Maricopa County Atty., by Gervais R. Brand, Deputy County Atty., Phoenix, for respondents.

HAYS, Chief Justice.

Johnny Quintana was indicted on two counts of selling heroin. In Superior Court he moved to quash the indictment on the sole ground that it did not contain the words "a true bill" as required by A.R.S. § 21-414, subsec. A, which provides:

"An indictment shall not be returned without concurrence of at least nine grand jurors. When an indictment is returned, the foreman or acting foreman shall endorse it a `true bill' and sign it....

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