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STATE EX REL. PURCELL v. SUPERIOR COURT

Nos. 11650 and 11706

111 Ariz. 285 (1974)

528 P.2d 629

The STATE of Arizona ex rel. Joe PURCELL, Phoenix City Attorney, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, and the Honorable Howard F. Thompson, Judge thereof, and Carolyn M. FRIEDMAN, Defendant and Real Party in Interest, Respondents. The STATE of Arizona ex rel. Joe R. PURCELL, Phoenix City Attorney, Petitioner, v. The SUPERIOR COURT of Arizona IN AND FOR the COUNTY OF MARICOPA, and Lawrence H. Doyle, Jr., a Judge thereof, and C.R. BROOKS, Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

November 21, 1974.

Attorney(s) appearing for the Case

Joe R. Purcell, Phoenix City Atty., by Michael D. House and Louis B. Gorman, Asst. City Attys., Phoenix, for petitioner.

Giles, Zielinski & Thur by Calvin C. Thur, Scottsdale, for respondent Friedman.

Ron Kent Hooper, Phoenix, for respondent Brooks.

CAMERON, Vice Chief Justice.

These two petitions for special action were consolidated upon hearing before the Supreme Court because of the similarity of the questions of law involved.

We consider only one question on review: Under Rule 30 of the Rules of Criminal Procedure 1973, 17 A.R.S., titled "Appeals From Non-Record Courts" does the Superior Court lose jurisdiction when trial is not set and commenced within 40 days of the filing of the notice of appeal...

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