Berger v. Rose

HAYS, Justice.

This matter came to us as a special action pursuant to the Rules of Procedure for Special Actions, A.R.S. 17A. A criminal complaint was filed against four defendants, and a preliminary hearing was commenced in the Tolleson Justice of the Peace Court. Before the state had completed its presentation of evidence, the justice of the peace dismissed the charges against defendants. The county attorney thereafter filed a special action in Superior Court which was heard by the Honorable C. Kimball Rose.

At the hearing on the special action, the judge appointed the respondents, Manross,…