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SMITH v. GANSKE

No. 1 CA-CIV 3417.

114 Ariz. 515 (1977)

562 P.2d 395

The Honorable James M. SMITH, Magistrate of the City Court, the Honorable Rodger A. Golston, Chief Magistrate of City Court, the City Court of Phoenix, and the STATE of Arizona, Real Party In Interest, Appellants, v. Palmer GANSKE, Appellee.

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

Rehearing Denied March 23, 1977.

Review Denied April 5, 1977.

Attorney(s) appearing for the Case

Andy Baumert, City Atty. by Geoffrey T. Jones, Asst. City Atty., Phoenix, City of Phoenix, for appellants.

Minne & Sorenson by Roger J. Blake, John W. Rood, Phoenix, for appellee.

OPINION

JACOBSON, Presiding Judge.

This is a companion case to and raises basically the same issues as presented in the case of Smith v. Cada, 114 Ariz. 510, 562 P.2d 390 (1 CA-CIV 3403), filed this date, that is, does the interference with reasonable efforts to secure independent evidence of sobriety in a drunk driving case deprive the accused of his right to a fair trial?

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