STATE v. BURR

No. 2 CA-CIV 718.

12 Ariz. App. 72 (1970)

467 P.2d 784

STATE of Arizona, Appellant, v. Waldon V. BURR, Sheriff of Pima County, Arizona, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 12, 1970.

Review Denied June 16, 1970.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, William J. Schafer, III, former Pima County Atty., Lars Pedersen, former Chief Criminal Deputy, Rose S. Silver, Pima County Atty., and David G. Dingeldine, Deputy County Atty., Tucson, for appellant.

Bilby, Thompson, Shoenhair & Warnock, by Michael A. Lacagnina and H. Earl Rogge, Jr., Tucson, for appellee.


CAMERON, Judge.

This is an appeal by the State of Arizona from an order of the trial court granting defendant's motion to quash an accusation returned by a Pima County Grand Jury pursuant to A.R.S. § 38-341 et seq.

We are called upon to determine whether the proceedings in the trial court were of a criminal nature, it being clear that if the defendant was prosecuted in a criminal action, it was a misdemeanor (A.R.S. § 13-103, subsec. A and §...

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