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NAYLOR v. SUP. CT. OF STATE OF ARIZ., ETC.

No. 76-1030.

558 F.2d 1363 (1977)

Albert Lynn NAYLOR, Plaintiff-Appellee, v. The SUPERIOR COURT OF the STATE OF ARIZONA, IN AND FOR the COUNTY OF MARICOPA, Honorable Yale McFate, Judge thereof, and the State of Arizona ex rel. Joe R. Purcell, Phoenix City Attorney, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 7, 1977.

Attorney(s) appearing for the Case

Donald P. Williams, Asst. City Atty., Phoenix, Ariz., argued for appellants.

Richard D. Coffinger, of Wykoff, Charles & Coffinger, Glendale, Ariz., argued for appellee.

Ariz. Civil Liberties Union, Kathleen A. Rihr, Atty., Phoenix, Ariz., for amicus curiae.

Before BROWNING and ANDERSON, Circuit Judges, and CRARY, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

On December 5, 1974, appellee was arrested and charged by complaint with a violation of Arizona Revised Statutes, § 13-712(9), commonly referred to as trespass by loitering.1 Based upon a stipulated set of facts,2 appellee was found guilty in the Magistrate's Court for the City of Phoenix. That judgment was appealed to the Superior Court of Maricopa County for a trial...

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