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STATE EX REL. WILLIAMS v. CITY COURT OF TUCSON

No. 2 CA-CIV 1512.

21 Ariz. App. 318 (1974)

519 P.2d 71

STATE of Arizona ex rel. Herbert E. WILLIAMS, Tucson City Attorney, Appellant, v. CITY COURT OF TUCSON, Pima County, Arizona, William Druke, magistrate thereof, and Ralph Santa Cruz, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 26, 1974.

Review Denied April 16, 1974.

Attorney(s) appearing for the Case

James Webb, City Atty., Herbert E. Williams, Former City Atty., William E. Hildebrandt, Asst. City Atty., Tucson, for appellant.

James L. Robinson, Jr., Tucson, for appellees.

OPINION

HATHAWAY, Chief Judge.

Ralph Santa Cruz was charged in Tucson City Court with carrying a concealed weapon, to-wit a switch blade knife, in violation of A.R.S. § 13-911. When the prosecution established that the weapon was a switch blade knife, the magistrate granted a motion to dismiss the complaint on the ground that A.R.S. § 13-911 is unconstitutionally vague. A.R.S. § 13-911, as amended, provides:

"Concealed weapons; definition...

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