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MODIG v. SUPERIOR COURT

2 CA-CIV 232.

3 Ariz. App. 287 (1966)

413 P.2d 797

Carl MODIG, Petitioner, v. The SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF COCHISE, Anthony Deddens, Judge of the Superior Court of the County of Cochise, and the State of Arizona by the County Attorney of Cochise County, real party in interest, Respondents.

Court of Appeals of Arizona.

Rehearing Denied June 1, 1966.

Attorney(s) appearing for the Case

Edgar H. Darby, Tucson, for petitioner.

Richard J. Riley, Cochise County Atty., Lyle Allen, Deputy Cochise County Atty., Bisbee, for respondents.

HATHAWAY, Judge.

Petitioner Carl Modig was convicted of drunk driving on May 31, 1961, and appealed to the superior court in Cochise County. He took no further action in the matter, acting on the assumption that prosecution of the case was "entirely within the jurisdiction and discretion of the county attorney." The action remained dormant until January 1965, when the matter was set for trial on motion of the county attorney. Petitioner thereupon moved to dismiss...

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