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STATE v. KELSALL

No. 1 CA-CR 617.

22 Ariz. App. 97 (1974)

523 P.2d 1334

STATE of Arizona, Appellee, v. Samuel KELSALL, IV, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied August 5, 1974.

Review Denied October 1, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Frank T. Galati, Asst. Atty. Gen., Phoenix, for appellee.

Ron Kent Hooper, Phoenix, for appellant.

OPINION

JACOBSON, Chief Judge, Division 1.

The main issue in this appeal is whether a regulation of the Maricopa County Health Department prohibiting the maintaining of pigs within 300 feet of an inhabited house is constitutional.

Defendant, Samuel Kelsall, IV, was originally charged by a criminal complaint (misdemeanor) with violating the following regulation of the Maricopa County Health Department:

"No pigsty or piggery shall be built or...

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