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STATE v. FENTON

No. 2 CA-CIV 1382.

19 Ariz. App. 274 (1973)

506 P.2d 665

The STATE of Arizona, Petitioner, v. The Honorable Norman S. FENTON, Judge, Division 10, Superior Court, Pima County, Respondent. and John CURRY and William Curry, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

March 1, 1973.

Attorney(s) appearing for the Case

Dennis DeConcini, Pima County Atty. by Richard J. Michela, Deputy County Atty., Tucson, for petitioner.

Edward P. Bolding, Pima County Public Defender, by Michael O. Zavala, Asst. Public Defender, Tucson, for real parties in interest.

HOWARD, Judge.

These proceedings arise out of a criminal prosecution in the trial court. The state filed a petition for special action challenging the lower court's jurisdiction to direct verdicts of acquittal on two counts after having discharged the jury. The defendants, by cross-petition, challenged the action of the lower court in ordering a new trial as to the counts of grand theft and simple assault and/or battery. Since the jeopardy issue presented by the cross...

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