State Berger v. Superior Court in & for Cty, Maricopa

HAYS, Justice.

The defendant and real party in interest, James Dale McDaniel, was indicted for five counts of involuntary manslaughter on July 18, 1974. Thereafter, on August 5, 1974, he was arraigned and trial was set for September 11, 1974. An omnibus hearing' was set for August 30, 1974, and continued to' September 4, at the request of the defendant. Ultimately, after changes in the omnibus hearing date and trial date, as well as a change of judge, the court granted the defendant’s motion for a new finding of probable cause.

On October 24, 1974, the defendant was re-indicted before a new…