State v. Bigelow

PHELPS, Justice.

This cause comes to us under the provisions of section 44-2401, A.C.A.1939. There have been certified to us the following questions of law for our determination:

“1. Upon a conviction of defendant on a second or subsequent violation of Section 66-156, Arizona Code Annotated 1939 (Laws, 1950, First Special Session, Chapter 3, Section 54), is the Superior Court of the State of Arizona in and for the County of Maricopa empowered to suspend sentence?

“2. Upon a conviction of a person for violation of the section hereinabove referred to (driving an automobile while under the…