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STATE v. BIRDSALL

No. 2 CA-CIV 1854.

23 Ariz. App. 454 (1975)

533 P.2d 1191

The STATE of Arizona, Petitioner, v. Ben C. BIRDSALL, Judge of the Superior Court, Pima County, Arizona, Respondent; and Gary Robert DAWKINS, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 20, 1975.

Review Denied June 24, 1975.

Attorney(s) appearing for the Case

Dennis DeConcini, Pima County Atty. by Michael P. Callahan and William R. Stevens, Jr., Deputy County Attys., Tucson, for petitioner.

John M. Neis, Pima County Public Defender by Lindsay Brew, Asst. Public Defender, Tucson, for real party in interest.

OPINION

PER CURIAM.

This proceeding was instituted by the state to challenge an order of the respondent judge prohibiting the state from calling two individuals as witnesses in a pending criminal trial. One of these witnesses was the victim of the charged offenses and the other an identification witnesses. Since we are of the opinion that appellate intervention is warranted, we assume jurisdiction.

The real party in interest, defendant below, was indicted...

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