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STATE v. SUPERIOR COURT IN & FOR CTY. OF PIMA

No. 2 CA-CIV 2861.

119 Ariz. 286 (1978)

580 P.2d 747

The STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, and the Honorable J. Richard Hannah, Judge of the Superior Court, Respondent, and Venus Marie FISHER, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 26, 1978.

Review Denied May 31, 1978.

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 Daniel R. Grills, Asst. Public Defender, Tucson, for Real Party in Interest.

OPINION

HOWARD, Judge.

The sole issue in this special action is whether the respondent court abused its discretion in granting a motion for a new finding of probable cause.

An indictment was returned by the grand jury against real party in interest (hereinafter defendant) charging her with arson, first degree. Sixteen grand jurors were present and by a vote of thirteen to three, the grand jury returned a true bill. Several witnesses were called by...

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