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STATE EX REL. BEAN v. HARDY

No. 11483.

110 Ariz. 351 (1974)

519 P.2d 50

STATE of Arizona ex rel. Robert R. BEAN, Pinal County Attorney, Petitioner, v. Hon. Charles L. HARDY, Judge of the Superior Court; and Roy RODRIQUEZ, Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

February 25, 1974.

Attorney(s) appearing for the Case

Robert R. Bean, Pinal Co. Atty., by Edmond J. Brash, Deputy Co. Atty., Florence, for petitioner.

Stanfield, McCarville, Coxon & Ishmael, by A. Thomas Cole, Casa Grande, for respondents.

STRUCKMEYER, Justice.

This Special Action was brought by the County Attorney of Pinal County to compel the Honorable Charles L. Hardy, Judge of the Superior Court, to submit to the jury in a criminal prosecution the charge of Assault with a Deadly Weapon or Force by Life Prisoner as set forth in A.R.S. § 13-250, rather than the lesser included offense of assault with a deadly weapon. We accepted jurisdiction to clarify the meaning of § 13-250 as it existed...

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