STATE v. JACOBSON

No. 2 CA-CIV 1096.

15 Ariz. App. 604 (1971)

490 P.2d 433

The STATE of Arizona, Petitioner, v. The Honorable Joe JACOBSON, Judge of the Superior Court, Division Eleven, Respondent; Wilson ROY, Jr., Real Party in Interest.

Court of Appeals of Arizona, Division 2.

November 11, 1971.


Attorney(s) appearing for the Case

Rose Silver, Pima County Atty., by James M. Howard, Deputy County Atty., Tucson, for petitioner.

Howard Kashman, Pima County Public Defender by Edward Bolding, Deputy Public Defender, Tucson, for real party in interest.


HATHAWAY, Judge.

We have granted the state's petition for special action to review a ruling of the respondent judge with respect to a jury instruction in a criminal trial. (The real party in interest is the defendant charged with unlawful sale of marijuana). Although this court, generally speaking, is loath to intervene by way of special action during the course of a trial, we were of the opinion that sufficient compelling circumstances existed here in that the state...

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