STATE v. FENTON

No. 2 CA-CIV 515.

7 Ariz. App. 507 (1968)

441 P.2d 273

The STATE of Arizona ex rel. William J. SCHAFER, III, County Attorney of Pima County, Petitioner, v. The Honorable Norman S. FENTON, Judge of the Superior Court In and For Pima County, and Kendall Ellis Parsons, the real party in interest, Respondents.

Court of Appeals of Arizona.

Rehearing Denied June 13, 1968.

Review Granted July 12, 1968.


Attorney(s) appearing for the Case

William J. Schafer III, County Atty., Pima County, Tucson, William J. Augustine, Chief Criminal Deputy, Pima County, for petitioner.

Dino DeConcini, City Atty., Tucson, Sidney Lex Felker and David H. Lieberthal, Asst. City Attys., amicus curiae.

W. Mercer Bouldin, Tucson, for real party in interest.


MOLLOY, Judge.

This court has granted certiorari as to an order dismissing a direct information filed in the superior court charging the operation of a Piper Tri-Pacer aircraft while under the influence of intoxicating liquor. The dismissal was entered by the court on the basis of a petition indicating that the defendant had paid for the damage to the aircraft which he had flown on the occasion in question and that the "injured parties" (the owners of this aircraft...

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