Legal Opinion
Modig v. Superior Court
Court of Appeals of Arizona
Decided April 29, 1966No. 2 CA-CIV 232PublishedCited by 5 opinions
1Opinion of the Court
HATHAWAY,' Judge.
Petitioner Carl Modig was convicted of drunk driving on May 31, 1961, and appealed to the superior court in Cochise County. He took no further action in the matter, acting on the assumption that prosecution of the case was “entirely within the jurisdiction and discretion of the county attorney.” The action remained dormant until January 1965, when the matter was set for trial on motion of the. county attorney. Petitioner thereupon moved to dismiss the charge for want of prosecution and the motion was denied.
Modig has applied for a writ of prohibí-: tion to restrain…
2Cases cited3 opinions
- State v. PhelpsArizona Supreme Court · 1948
- State v. DodsonOregon Supreme Court · 1961
- Ex Parte CooneArizona Supreme Court · 1948
3Cited by5 opinions
- Town of Bernalillo v. GarciaNew Mexico Court of Appeals · 1994
- Suppeland v. NilzCourt of Appeals of Arizona · 1980
- State ex rel. Purcell v. Superior CourtArizona Supreme Court · 1974
- Cavanaugh v. AlfredCourt of Appeals of Arizona · 1986
- Gary St. Hilaire v. Samuel A. Lewis, Director, Attorney General of the State of Arizona Maricopa County Sheriff's OfficeCourt of Appeals for the Ninth Circuit · 1994