STATE v. ABBOTT

No. 1829.

103 Ariz. 336 (1968)

442 P.2d 80

STATE of Arizona, Plaintiff, v. Gary Leslie ABBOTT, Defendant.

Supreme Court of Arizona. In Banc.

June 14, 1968.


Attorney(s) appearing for the Case

Robert K. Corbin, Maricopa County Atty., and Richard A. Rice, Deputy County Atty., for plaintiff State of Arizona.

Edmond J. Brash and Patrick E. Eldridge, Phoenix, for defendant.


UDALL, Vice Chief Justice:

The question for decision in this case was certified to us by the Superior Court of Maricopa County. Essentially, it is whether a motion to quash an information will lie, upon any ground, to question the binding over of the defendant in a criminal case under circumstances where the superior court is of the belief that the evidence before the magistrate at the preliminary hearing was not sufficient to support its finding of probable cause...

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