PETERSON v. FLOOD

No. 6650.

84 Ariz. 256 (1958)

326 P.2d 845

Bennie PETERSON, Petitioner, v. Honorable Al J. FLOOD, a duly elected, qualified and acting Justice of the Peace of the West Phoenix Precinct County of Maricopa, State of Arizona, Respondent.

Supreme Court of Arizona.

June 11, 1958.


Attorney(s) appearing for the Case

Marshall W. Haislip, of Phoenix, for petitioner.

Al J. Flood, in pro. per., and Charles C. Stidham, Maricopa County Atty. and Richard Kamps, Deputy County Atty., Phoenix, for respondent.

Robert Morrison, Atty. Gen. by Melvin J. Mirkin, Asst. Atty. Gen., Flynn & Allen, Phoenix, amici curiae, with permission of the Court.


UDALL, Chief Justice.

The sole legal question presented in this matter is: does the respondent justice of the peace, as a court, have jurisdiction to suspend the imposition of sentence on one convicted of a misdemeanor and place the defendant on probation?

We granted an original writ of prohibition to resolve this question. The facts giving rise to these proceedings are as follows: a criminal complaint was filed before respondent, Al J. Flood, justice of the...

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