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STATE v. STEFANIK

No. 1943.

106 Ariz. 466 (1970)

478 P.2d 90

STATE of Arizona, Appellant, v. James William STEFANIK, Appellee.

Supreme Court of Arizona, In Banc.

December 16, 1970.

Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty., Robert K. Corbin, former Maricopa County Atty., by Richard A. Rice, Deputy County Atty., Phoenix, for appellant.

Kenneth M. Arrick, Phoenix, for appellee.

HAYS, Justice.

This cause is before us on appeal by the State of Arizona from an order quashing an information filed against James William Stefanik, hereinafter referred to as appellee.

The record indicates that on November 28, 1967, a complaint was filed charging appellee with assault with a deadly weapon. At the preliminary hearing, John R. Kennelly, a Phoenix police officer, testified that on November 27, 1967, he attempted

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