McFARLAND, Justice.
On May 27, 1968, Morris Starsky, hereinafter referred to as defendant, was charged in Justice Court, Tempe Precinct, County of Maricopa with violation of A.R.S. § 13-371, Arizona's disorderly conduct statute. Following his conviction in Justice Court defendant appealed to Maricopa County Superior Court under A.R.S. § 22-371. Defendant moved in Superior Court to dismiss the complaint upon the grounds that A.R.S. § 13-371 is unconstitutional...
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