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STATE EX REL. BERGER v. JENNINGS

No. 11466.

110 Ariz. 441 (1974)

520 P.2d 313

The STATE of Arizona ex rel. Moise BERGER, Maricopa County Attorney, Petitioner, v. The Honorable Renz JENNINGS, Justice of the Peace for the East Phoenix Precinct #1, Maricopa County, Arizona; and Roy B. McGRAW, Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

March 21, 1974.

Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty., by Jeffrey S. Kaufman, Deputy County Atty., Phoenix, for petitioner.

Ross P. Lee, Maricopa County Public Defender, by Bedford Douglass, Jr., Deputy Public Defender, Phoenix, for respondent McGraw.

George S. Lim, Phoenix, for respondent Jennings.

CAMERON, Vice Chief Justice.

We granted the petition for special action of the Maricopa County Attorney to consider an interpretation of the Rules of Criminal Procedure 1973 presented by the issues herein.

We are asked to consider whether a Justice of the Peace, sitting as a committing magistrate, at the close of the preliminary hearing, may take the matter under advisement before rendering his decision, and, if...

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