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STATE v. BIRMINGHAM

No. 7918.

96 Ariz. 109 (1964)

392 P.2d 775

STATE of Arizona, Appellant, v. David L. BIRMINGHAM and Myron Bradley, Appellees.

Supreme Court of Arizona. En Banc.

June 4, 1964.

Attorney(s) appearing for the Case

Robert W. Pickrell, The Atty. Gen., Rad L. Vucichevich, Asst. Atty. Gen., Phoenix, for appellant.

Lewis, Roca, Scoville, Beauchamp & Linton, Phoenix, for appellees.

STRUCKMEYER, Justice.

Appellees have petitioned this Court for a rehearing limited to the procedural aspect of this Court's decision, 95 Ariz. 310, 390 P.2d 103. In our decision, we held that the statute A.R.S. § 12-2101 providing when an appeal may be taken to this Court was substantive and controlled over the provisions of the procedural Rule 58(a), Rules of Civil Procedure, 16 A.R.S. We...

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