Burke v. SUPERIOR COURT, IN AND FOR COUNTY OF PIMA

(specially concurring).

I concur in the result reached and in general with the reasoning of the foregoing opinion. I am not, however, able to reconcile the result reached with the decision of State v. Essman, 98 Ariz. 228, 403 P.2d 540 (1965). Essman holds that a conviction in a criminal action, after a regularly and properly conducted jury trial, must be reversed because of the refusal of the magistrate conducting the preliminary hearing to permit the defendant to call witnesses, “ * * * including police officers who saw appellant on the night of his wife’s death and whose testimony on cross…