SMITH v. SUPERIOR COURT, PIMA COUNTY

No. 2 CA-CIV 1187.

17 Ariz. App. 79 (1972)

495 P.2d 519

Henry SMITH, Petitioner, v. The SUPERIOR COURT, PIMA COUNTY, the Honorable Norman S. Fenton, Presiding, and The STATE of Arizona, real party in interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 4, 1972.

Review Denied June 13, 1972.


Attorney(s) appearing for the Case

Green & Green by Jordan Green, Phoenix, for petitioner.

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


HOWARD, Judge.

The denial of a motion to quash an information filed against the petitioner, defendant below, is challenged in this special action. Since we deem appellate intervention at this juncture of the proceeding appropriate, we have assumed jurisdiction to review the subject order.

In 1970, a civil action was commenced against the defendant and others, seeking damages for the alleged fraudulent conduct of the defendants. Alternatively, rescission of...

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