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STATE EX REL. PURCELL v. SUPERIOR COURT

No. 12070.

111 Ariz. 582 (1975)

535 P.2d 1299

The STATE of Arizona ex rel. Joe R. PURCELL, Phoenix City Attorney, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, and the Honorable Yale McFate, Judge thereof; and Albert Lynn NAYLOR, Defendant and Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied June 24, 1975.

Attorney(s) appearing for the Case

Joe R. Purcell, City Atty. by Donald P. Williams, Asst. City Atty., Phoenix, for petitioner.

Wykoff, Charles & Coffinger by Richard D. Coffinger, Glendale, for defendant and real party in interest Naylor.

HOLOHAN, Justice.

The Respondent Real Party in Interest, Albert Lynn Naylor, was charged with violation of A.R.S. § 13-712 (9), as amended in 1970, commonly referred to as "trespass by loitering." He was found guilty in the Municipal Court of the City of Phoenix, from which judgment and sentence he appealed to the superior court for a trial de novo.

Prior to trial in the superior court, the Respondent Naylor filed a motion to dismiss the prosecution on...

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