JENNINGS, Justice.
Appellee, Howard Steen Wood, having been convicted in justice court of driving while under the influence of intoxicating liquor, moved for a new trial. The justice of the peace granted the motion, whereupon appellant, State of Arizona, appealed to the superior court. The superior court dismissed the appeal, from which order the state has appealed to the Supreme Court.
The case was submitted solely on the brief of appellant which presented...
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