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STATE EX REL. BERGER v. SUPERIOR COURT

No. 12307.

112 Ariz. 451 (1975)

543 P.2d 439

The STATE of Arizona ex rel. Moise BERGER, Maricopa County Attorney, Petitioner, v. The SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF MARICOPA, the Honorable C. Kimball Rose and Herbert MOGEL, Real Party in Interest, Respondents.

Supreme Court of Arizona, En Banc.

December 9, 1975.

Attorney(s) appearing for the Case

Moise E. Berger, Maricopa County Atty., by Lawrence Turoff, Deputy County Atty., Phoenix, for petitioner.

Flynn Kimerer Thinnes & Derrick by Thomas A. Thinnes, Phoenix, for respondent Mogel.

HAYS, Justice.

We accepted jurisdiction of this petition for special action to determine whether the Superior Court erred in granting defendant's motion to dismiss with prejudice.

On or about March 23, 1975, defendant was charged, along with a codefendant, Kathy DeVane, with the crime of conspiracy to commit murder. A preliminary hearing was scheduled for March 27, 1975. On March 26, 1975, defense counsel made a...

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