No. 1 CA-CV 94-0010.

184 Ariz. 198 (1995)

908 P.2d 12

Jack BIRD and Charles Lofton Hollamon, Plaintiffs-Appellees, and The Honorable Carl Colle, Justice of the Peace, Pro Tem., Campe Verde Precinct, Defendant, v. STATE of Arizona, Real Party in Interest-Appellant.

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

Review Denied December 19, 1995.

Attorney(s) appearing for the Case

Lawrence William Katz, Lawyer, Ltd. by Lawrence William Katz, Prescott, for plaintiffs-appellees.

Charles R. Hastings, Yavapai County Attorney by Arthur T. Markham, Deputy County Attorney, Prescott, and Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Randall M. Howe, Assistant Attorney General, Phoenix, for real party in interest-appellant.


GRANT, Judge.

This appeal requires us to decide whether the Arizona statute forbidding wagering on the outcome of an election runs afoul of constitutional freedom-of-speech protections. We hold that the statute, Ariz. Rev. Stat. Ann. ("A.R.S.") section 16-1015, is not unconstitutionally vague or overbroad. We reverse the superior court's ruling to the contrary.


On March 23, 1993, the state charged...

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