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STATE v. SENNER

No. 7684.

92 Ariz. 243 (1962)

375 P.2d 728

STATE of Arizona ex rel. Robert W. PICKRELL, the Attorney General, Petitioner, v. George F. SENNER, Jr., as a Corporation Commissioner of the State of Arizona, Respondent.

Supreme Court of Arizona, En Banc.

November 7, 1962.

Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., and William E. Eubank, Chief Asst. Atty. Gen., for petitioner.

Thomas Chandler, Tucson, Jack C. Cavness, Phoenix, Lewis, Roca, Scoville, Beauchamp & Linton, by Paul M. Roca, Phoenix, Darnell, Holesapple, McFall & Spaid, by A.Y. Holesapple, Tucson, and Calvin H. Udall, Phoenix, for respondent.

UDALL, Vice Chief Justice.

This matter came to the Supreme Court on a petition filed by the State of Arizona ex rel. Robert W. Pickrell, the Attorney General, for a writ of quo warranto by which the petitioner asked that the office of the respondent, George F. Senner, as Arizona Corporation Commissioner, be declared vacant for violation of A.R.S. § 38-296. This statute reads:

"A. No incumbent of an elective office, whether holding by election or appointment...

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