STATE v. SABARI

No. 2429.

109 Ariz. 553 (1973)

514 P.2d 474

The STATE of Arizona, Appellant, v. John Gordon SABARI, Appellee.

Supreme Court of Arizona, In Division.

As Amended on Denial of Rehearing October 30, 1973.


Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty., by Grayson M. Sandy, Jr., Deputy County Atty., Phoenix, for appellant.

Flynn, Kimerer, Thinnes & Galbraith by Thomas A. Thinnes and Michael D. Kimerer Phoenix, for appellee.


CAMERON, Vice Chief Justice.

This is an appeal by the State of Arizona from an order of the trial court granting the defendant's motion to suppress evidence obtained under a search warrant. The State has the right of appeal in this instance by virtue of § 13-1712, subsec. 7 A.R.S.

We are asked to answer what is basically one question on appeal: Did the trial court err in granting the defendant's motion to suppress based upon the impeachment of the affiant...

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