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eBook details

• Title: Erdman V. Superior Court Of Maricopa County
• Author : Arizona Supreme Court
• Release Date : January 24, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Petitioner-defendant, Hugo Erdman, Jr., hereinafter designated defendant, was, on the 23rd day of September 1965, arrested without a warrant, and taken into custody by a police officer of the City of Phoenix, and immediately booked in the city jail for acts committed in the presence of the officer. On the following day a complaint was filed before a city magistrate by a desk sergeant who was the Police Department's liaison officer. While the complaint was not signed by the arresting officer his name was endorsed thereon. On October 20, 1965, defendant entered a plea of "not guilty" to the charge, at which time he made no objection to jurisdiction of the court to proceed against him on the complaint. He was tried and found guilty, and appealed to the Superior Court. The court had many trial settings which were vacated, and, finally, on October 26, 1966, defendant filed a written motion to dismiss on the ground that the court had acquired no jurisdiction because of non-compliance with Criminal Rule 1, and A.R.S. § 13-1418. This motion to dismiss was denied by the Superior Court on January 10, 1967. Thereafter, defendant filed with the Court of Appeals, Division One, a petition for writ of prohibition requesting that the Superior Court of Maricopa County be prohibited from proceeding with the trial against him. The writ of prohibition as prayed for was issued by the Court of Appeals on June 21, 1967, 6 Ariz. App. 3, 429 P.2d 495. The City of Phoenix filed a petition for review of the decision of the court of appeals, which was granted by this court. The question involved is whether the procedure followed conferred jurisdiction on the magistrate.

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