ERICKSON v. CITY COURT OF CITY OF PHOENIX

No. 2006.

105 Ariz. 19 (1969)

458 P.2d 953

Joseph ERICKSON, Plaintiff, v. CITY COURT OF the CITY OF PHOENIX and Judge Eugene K. Mangum, Chief Magistrate thereof, Defendants.

Supreme Court of Arizona. In Banc.

September 25, 1969.


Attorney(s) appearing for the Case

Minne & Sorenson, by Roger J. Blake, Phoenix, for plaintiff.

Ben P. Marshall, City Prosecutor, Phoenix, Robert J. Backstein, City Atty., Phoenix, by Alan S. Max, Asst. City Atty., Phoenix, for defendants.


LOCKWOOD, Vice Chief Justice.

The case at bar is presented upon a stipulated statement of facts to answer a certified question of law. The question of law concerns the constitutionality of A.R.S. § 13-1403(5), which in substance, allows an officer to make an arrest without warrant for certain misdemeanors which are not committed in his presence.

The stipulated statement of facts is as follows: On March 11, 1968, at approximately 12:30 A.M., Officer M...

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