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JOHNSON v. PHOENIX CITY COURT

No. 1 CA-CIV 2542.

24 Ariz. App. 63 (1975)

535 P.2d 1067

William Lenard JOHNSON, Appellant, v. PHOENIX CITY COURT, the Honorable Eugene Mangum, Chief Magistrate, et al., Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied June 18, 1975.

Review Denied July 14, 1975.

Attorney(s) appearing for the Case

Law Offices of Henry J. Florence, Ltd. by Mathis Becker, Phoenix, for appellant.

Joe R. Purcell, City Atty., City of Phoenix by Michael D. House, Gregory A. McCarthy, Phoenix, for appellees.

OPINION

OGG, Presiding Judge.

Defendant-appellant William Lenard Johnson is charged with violating the Phoenix City Code, section 23-65. This section states:

"[a]ny person who commits any grossly indecent act in any open or public place within the City which outrages decency and is injurious to or tends to corrupt morals, shall be guilty of a misdemeanor."

In City Court the defendant moved to dismiss the complaint on the grounds that the...

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