BARBONE v. SUPERIOR COURT OF PIMA COUNTY

No. 2 CA-CIV 782.

11 Ariz. App. 152 (1969)

462 P.2d 845

Jimmy BARBONE, Dolores C. Pitts and Art Urias, Petitioners, v. SUPERIOR COURT OF PIMA COUNTY; and William J. Schafer, III, County Attorney for Pima County; and the State of Arizona, Respondents.

Court of Appeals of Arizona. Division 2.

December 19, 1969.


Attorney(s) appearing for the Case

Joseph H. Soble, Peter M. Rubi, Tucson, and Richard J. Hertzberg, Phoenix, for petitioners.

Rose Silver, Pima County Atty., William J. Schafer, III, former County Atty., by Howard A. Kashman, Deputy County Atty., Tucson, for respondents.


HOWARD, Judge.

The petitioners, defendants in criminal proceedings presently pending in Pima county superior court, have asked this court to issue a writ of prohibition, directed to the respondent court, to halt the respective criminal prosecutions.

The petitioners were charged with violations of our obscenity statute, A.R.S. § 13-532, as amended, and subsequently filed motions to quash challenging the constitutionality of the statute. The motions were...

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