(Download) "Ray v. Sommer" by Arizona Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Ray v. Sommer
- Author : Arizona Court of Appeals
- Release Date : January 08, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
On this appeal by the State of Arizona from an order entered by the Maricopa County Superior Court granting the defendant-appellees motion to quash a misdemeanor complaint initially filed in the Police Court of the City of Tempe, this Court has, sua sponte, raised the question of its jurisdiction. Upon the original trial of this matter in the police court, the defendant was convicted of selling obscene materials to a minor in violation of § 21-18 of the Tempe city code. He was subsequently sentenced to pay a $300.00 fine and to spend ninety days in the Maricopa county jail. Pursuant to A.R.S. § 22-371 the defendant timely filed his notice of appeal to the Maricopa County Superior Court. Thereafter defendant filed a motion to quash the complaint and the superior court granted the motion on the grounds that the magistrate issuing the complaint had failed to comply with the provisions of Rules 1 and 2, Rules of Criminal Procedure, 17 A.R.S. It is from this order granting the motion to quash the complaint that the appellant State of Arizona purports to appeal to this Court.