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STATE EX REL. DAWSON v. SUPERIOR COURT

No. 12167.

112 Ariz. 123 (1975)

538 P.2d 397

STATE of Arizona ex rel. Edward L. DAWSON, Gila County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF GILA, and the Honorable D.L. Greer, acting judge of the Superior Court of Gila County, Respondents; Thomas Alden ALLEN, Real Party in Interest.

Supreme Court of Arizona.

Rehearing Denied September 16, 1975.

Attorney(s) appearing for the Case

Edward L. Dawson, Gila County Atty., Globe, Bruce E. Babbitt, Atty. Gen. by Grove M. Callison, Asst. Atty. Gen., Phoenix, for petitioner.

Debus, Busby & Green by Jordan L. Green, Phoenix, for Thomas Alden Allen, real party in interest.

PER CURIAM.

A petition for special action was filed by the Gila County Attorney with the concurrence of the Attorney General. He alleges that the respondent judge failed to comply with the provisions of Rule 20, 1973 Rules of Criminal Procedure, 17 A.R.S., and thereby abused his discretion. Rule 20 reads as follows:

"On motion of a defendant or on its own initiative, the court shall enter a judgment of acquittal of one or more offenses charged in an indictment...

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