ROTHWEILER v. SUPERIOR COURT OF PIMA COUNTY

No. 2 CA-CIV 109.

1 Ariz. App. 334 (1965)

402 P.2d 1010

Charles ROTHWEILER, Petitioner, v. SUPERIOR COURT OF PIMA COUNTY, Mary Anne Richey, Judge, and the City of Tucson, Respondents.

Court of Appeals of Arizona.

June 14, 1965.


Attorney(s) appearing for the Case

J. William Moore, Phoenix, for petitioner.

Calvin Webster, City Atty., Tucson, by John O. Franklin, Tucson, for respondents.


MOLLOY, Judge.

The petitioner is an accused under A.R.S. § 28-692 [Driving Under the Influence], convicted in the City Court of the City of Tucson who has appealed such conviction to the superior court. The respondent is a Judge of the Superior Court of Pima County, who the petition alleges proposes to deny the petitioner a jury trial as to the offense charged.

The response to the alternative writ which has been issued admits that the judges of the superior...

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