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STATE v. HOPPER

No. 3011.

112 Ariz. 131 (1975)

539 P.2d 888

The STATE of Arizona, Appellant, v. Quincy James HOPPER, Appellee.

Supreme Court of Arizona, In Banc.

Rehearing Denied October 7, 1975.

Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty. by William B. DeMars, Jr., Deputy County Atty., Phoenix, for appellant.

Hadley & Lea by Stephen R. Lea, Phoenix, for appellee.

CAMERON, Chief Justice.

This is an appeal by the State from an order of the trial court upon its own motion granting a new trial. Defendant Quincy James Hopper had been found guilty in the Superior Court of Maricopa County of violating A.R.S. § 13-652, committing lewd and lascivious acts, a felony.

We are called upon to determine whether the trial court was in error in granting a new trial upon the court's motion and without the consent of the defendant...

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