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STATE v. BIRDSALL

No. 13089-PR.

116 Ariz. 112 (1977)

568 P.2d 419

STATE of Arizona, Petitioner, v. Honorable Ben C. BIRDSALL, Judge of the Superior Court of Pima County, State of Arizona, Respondent, and Casimiro F. HERRERA, Real Party in Interest.

Supreme Court of Arizona, En Banc.

July 15, 1977.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Paul S. Banales, Deputy County Atty., Tucson, for petitioner.

John M. Neis, Pima County Public Defender by James E. Sherman, Asst. Public Defender, Tucson, for real party in interest.

HAYS, Justice.

We have this matter before us on a petition for review after the Arizona Court of Appeals issued an opinion affirming the acts of the trial judge below. The Court of Appeals opinion is vacated.

The real party in interest, Casimiro Herrera, was indicted by a grand jury in Pima County for first degree burglary. Attached to the indictment and signed by a deputy county attorney (see 17 A.R.S. Rules...

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