VALENCIA v. ROYLSTON

No. 2 CA-CIV 1063.

15 Ariz. App. 268 (1971)

488 P.2d 473

Armando VALENCIA, Petitioner, v. The Honorable Richard ROYLSTON, Judge of the Superior Court, State of Arizona, Respondent.

Court of Appeals of Arizona, Division 2.

September 10, 1971.


Attorney(s) appearing for the Case

Thikoll & Johnston by Leon Thikoll, Tucson, for petitioner.

Gary K. Nelson, Atty. Gen., Phoenix, E. Leigh Larson, Santa Cruz County Atty. by Sarah Bailey, Deputy County Atty., Nogales, for respondent.


PER CURIAM:

This special action attacks the respondent court's refusal to recognize a defendant's challenge of a jury panel. Since appellate intervention by way of special action is appropriate here, we assume jurisdiction.

Prior to his trial on a charge of unlawful transportation of marijuana, defendant-petitioner challenged the jury panel on the ground that it was not lawfully constituted, i.e., it had been impaneled on January 13, 1971 and had been sitting...

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