STATE EX REL. PREIMSBERG v. ROSENBLATT

No. 12267.

112 Ariz. 461 (1975)

543 P.2d 773

The STATE of Arizona ex rel. Charles E. PREIMSBERG, Yavapai County Attorney, Petitioner, v. The Honorable Paul G. ROSENBLATT, Judge of the Superior Court of Yavapai County, and George R. O'BARTS and Belva O'Barts and Granite Development Company, an Arizona corporation, Real Parties in Interest, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied January 27, 1976.


Attorney(s) appearing for the Case

Charles E. Preimsberg, Yavapai County Atty. by W. Michael Kelley, Deputy County Atty., Prescott, for petitioner.

Stan A. Lehman, Prescott, for respondents.


HOLOHAN, Justice.

Respondents George R. O'Barts, Belva O'Barts and Granite Development Company were indicted for fraud. The motion by respondents to quash the indictment was granted by the respondent judge. We accepted jurisdiction of the petition by the state for a special action.

The issue presented is whether Rule 16.7 of the 1973 Rules of Criminal Procedure allows the trial court to test the factual sufficiency of an indictment.

The record reflects...

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