BURKE v. SUPERIOR COURT, IN AND FOR COUNTY OF PIMA

No. 2 CA-CIV 217.

3 Ariz. App. 576 (1966)

416 P.2d 997

Michael J. BURKE, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, the Honorable Porter Murry, Presiding, Respondents.

Court of Appeals of Arizona.

Rehearing Denied September 14, 1966.


Attorney(s) appearing for the Case

Dowdall & Harris, by Richard C. Harris, Tucson, for petitioner.

William J. Schafer, III, Pima County Atty., Norman E. Green, Former Pima County Atty., William J. Augustine, Deputy County Atty., Tucson, for respondents.


HATHAWAY, Judge.

Michael Burke has petitioned this court for a writ of prohibition, praying that the respondent court and the Honorable Porter Murry, a judge thereof, be prohibited from proceeding with the arraignment, trial setting and trial on an indictment returned by the grand jury, since he was denied a preliminary hearing.

On January 20, 1966 the grand jury of Pima County indicted Burke for aggravated assault. He moved the respondents (1) to order that...

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