Bowman v. State

UDALL, Vice Chief Justice:

Petitioner filed a petition for a writ of habeas corpus on June 5, 1968. On June 11, we granted the writ without prejudice to the county attorney to refile. A written opinion was to follow.

The record discloses that on January 22, 1968 a criminal complaint was filed charging petitioner with the unlawful possession of marijuana for sale in violation of A.R. S. § 36-1002.06. On March 5 a preliminary hearing was held on the complaint. At the hearing the magistrate found the evidence did not support the charge in the complaint and ordered that the complaint be amended,…