STATE v. LEEMAN

No. 4191-PR.

119 Ariz. 459 (1978)

581 P.2d 693

STATE of Arizona, Appellant, v. Rudolph Edward LEEMAN, Appellee.

Supreme Court of Arizona, In Banc.

June 14, 1978.


Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen., Phoenix, Stephen D. Neely, Pima County Atty., Zada A. Edgar, Deputy County Atty., Tucson, for appellant.

John M. Neis, Pima County Public Defender, David C. Anson, Donald H. Bayles, Jr., Asst. Public Defenders, Tucson, for appellee.


GORDON, Justice:

Rudolph Leeman was charged with theft by embezzlement of rented or leased property, a violation of A.R.S. § 13-682. Prior to his trial, Leeman moved to dismiss the charge, alleging the statute to be violative of the equal protection clause of United States and Arizona Constitutions. The trial court granted the motion and the state appealed the ruling. Although the Court of Appeals disagreed with Leeman's reasoning, it still found the statute...

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