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SPENCER v. COCONINO CTY. SUPER. CT., DIV. 3

No. 16609-SA.

136 Ariz. 607 (1983)

667 P.2d 1323

Kenneth Richard SPENCER, Petitioner, v. COCONINO COUNTY SUPERIOR COURT, DIVISION 3, and the Honorable John H. Grace, a judge thereof, Respondents, and The STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

August 3, 1983.

Attorney(s) appearing for the Case

Aspey, Watkins & Diesel by Frederick M. Aspey, and Louis Diesel, Flagstaff, for petitioner.

John Verkamp, Coconino County Atty. by Terence C. Hance Deputy County Atty., Flagstaff, for respondents.

HAYS, Justice.

This special action was filed after the respondent trial court denied petitioner's motion to dismiss a two-count indictment which he urged was duplicitous and, therefore, unconstitutionally vague. The indictment charges incest and child molestation in the following language:

Count I "From July, 1979 through January, 1983, KENNETH RICHARD SPENCER, and Kandy Spencer persons within the degrees of consaguintity [sic] within [which] marriages...

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