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BOWMAN v. STATE

No. 9323.

103 Ariz. 482 (1968)

445 P.2d 841

Donald BOWMAN, Petitioner, v. The STATE of Arizona; the Superior Court of Arizona; the Honorable William C. Frey, a Judge thereof, Respondents.

Supreme Court of Arizona. In Banc.

October 9, 1968.

Attorney(s) appearing for the Case

Paul C. Colarich, Jr., Tucson, for petitioner.

William J. Schafer III, Pima County Atty., by Jacqueline Schneider, Deputy County Atty., for respondents.

UDALL, Vice Chief Justice:

Petitioner filed a petition for a writ of habeas corpus on June 5, 1968. On June 11, we granted the writ without prejudice to the county attorney to refile. A written opinion was to follow.

The record discloses that on January 22, 1968 a criminal complaint was filed charging petitioner with the unlawful possession of marijuana for sale in violation of A.R.S. § 36-1002.06. On March 5 a preliminary hearing was held on the complaint...

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