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BERGER v. ROSE

No. 12442.

112 Ariz. 588 (1976)

545 P.2d 45

Moise BERGER, Maricopa County Attorney, Petitioner, v. The Honorable C. Kimball ROSE, Judge of the Superior Court, Respondent, and Marvin W. MANROSS, Michael A. Miller, and William H. Feldhacker, Real Parties in Interest, Respondents.

Supreme Court of Arizona, En Banc.

January 28, 1976.

Attorney(s) appearing for the Case

Albert I. Firestein, Phoenix, for petitioner.

Richard L. Thompson, Phoenix, for respondent Manross.

Michael A. Miller, in pro. per.

William H. Feldhacker, in pro. per.

HAYS, Justice.

This matter came to us as a special action pursuant to the Rules of Procedure for Special Actions, A.R.S. 17A. A criminal complaint was filed against four defendants, and a preliminary hearing was commenced in the Tolleson Justice of the Peace Court. Before the state had completed its presentation of evidence, the justice of the peace dismissed the charges against defendants. The county attorney thereafter filed a special action in Superior Court which...

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