State Ex Rel. Bean v. Hardy

STRUCKMEYER, Justice.

This Special Action was brought by the County Attorney of Pinal County to compel the Honorable Charles L. Hardy, Judge of the Superior Court, to submit to the jury in a criminal prosecution the charge of Assault with a Deadly Weapon or Force by Life Prisoner as set forth in A.R.S. § 13-250, rather than the lesser included offense of assault with a deadly weapon. We accepted jurisdiction to clarify the meaning of § 13-250 as it existed prior to its amendment by Ch. 138, § 3, Laws of 1973. Our holding, with two judges dissenting, was, in effect, that the Superior *352Court…