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STATE v. SUPERIOR COURT IN & FOR PIMA COUNTY

No. 2 CA-CIV 4841.

137 Ariz. 533 (1983)

672 P.2d 199

The STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, and the Honorable J. Richard Hannah, Judge of the Superior Court, Division XII, Respondents, and Walter Thomas HUTTON, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearings Denied October 5, 1983.

Review Denied November 15, 1983.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Janet K. Johnson, Deputy County Atty., Tucson, for petitioner.

Robert G. Benedict, Tucson, for real party in interest.

OPINION

HOWARD, Chief Judge.

The state has brought this special action to challenge two orders of the respondent court in a murder case. Because the state does not have an adequate remedy by appeal and because we believe the court exceeded its jurisdiction, we assume jurisdiction and grant relief.

The real party in interest is facing prosecution for the December 10, 1982, stabbing death of Francisco Orozco. The state charged the real party in interest...

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