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

No. 2 CA-CIV 2858.

118 Ariz. 457 (1978)

577 P.2d 743

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, Division XII, Respondents, and Jimmie Dale BRASHER, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

April 12, 1978.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Michael D. Alfred, Deputy County Atty., Tucson, for petitioner.

Norman R. Freeman, Tucson, for real party in interest.

OPINION

HATHAWAY, Judge.

Real party in interest (hereinafter defendant) was indicted for aggravated assault. His subsequent motion for a new finding of probable cause was granted on February 7, 1978, and on March 2, 1978, he filed a motion to dismiss the indictment on the ground that the state had failed to submit the matter within a reasonable time to the grand jury for a new probable cause determination. On March 6, 1978, the motion to dismiss was granted...

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