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McBETH v. ROSE

Nos. 11542, 11552.

111 Ariz. 399 (1975)

531 P.2d 156

Mary Louise McBETH, Petitioner, v. Honorable C. Kimball ROSE, Judge of the Superior Court, Maricopa County, Division 27-E, Real Party in Interest, Respondent. Carole Jean TATELY and Daniel P. Monohan, Petitioners, v. JUSTICE COURT OF the NORTHEAST PHOENIX PRECINCT, MARICOPA COUNTY, Justice of the Peace Harold Lee, and Moise Berger, County Attorney, Maricopa County, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 4, 1975.

Attorney(s) appearing for the Case

Ross P. Lee, Maricopa County Public Defender by Oral W. Tucker, Jr., Deputy Public Defender, Phoenix, Lawrence W. Katz, Certified Third-Year Law Student Arizona State University, for petitioner McBeth.

Treon, Warnicke & Dann by B. Michael Dann and Richard T. Treon, Phoenix, for petitioner Tately.

Trew & Woodford by C. Brad Woodford, Phoenix, for petitioner Monohan.

Moise Berger, Maricopa County Attorney by Alan Johnson and J.P. Shaw, Deputy County Attys., Phoenix, for respondents.

HOLOHAN, Justice.

Petitions for special action were filed by petitioners to prohibit criminal prosecution from proceeding against them. Since the petitions both raise substantially the same issues, we ordered them consolidated.

Petitioner Mary Louise McBeth (No. 11542) was arrested November 26, 1973 on two charges of assault with a deadly weapon. At the time of arrest she was seventeen years of age and would not become eighteen until January 15, 1974. She...

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