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STATE EX REL. WILLIAMS v. CITY COURT OF TUCSON

No. 2 CA-CIV 1513.

21 Ariz. App. 489 (1974)

520 P.2d 1166

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 Jesse Bernard COHEN, the Real Party in Interest, Appellees.

Court of Appeals of Arizona, Division 2.

April 9, 1974.

Attorney(s) appearing for the Case

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

Risner, Wolf & Raven, by Roger C. Wolf, Tucson, for appellees.

OPINION

HATHAWAY, Chief Judge.

Appellee Cohen was charged in City Court with a violation of the following ordinance:

"Sec. 11-33. Loitering. A person is guilty of loitering when he: (1) Loiters, remains or wanders about in a public place for the purpose of begging...."

The city magistrate sustained the appellee's attack on the constitutionality of the subject ordinance, ruling that it suffered from vagueness and overbreadth...

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