State v. Purse

KRUCKER, Chief Judge.

This is an appeal by the State of Arizona from an order suppressing evidence. We will refer to the parties as they appeared in the court below—appellant as State and appellee as defendant.

Defendant was charged with possession of marijuana for sale and was bound over to superior court after a preliminary hearing. An information was filed on the fifth-day of October, 1970. A motion to suppress the evidence, based on the transcript of testimony of the preliminary hearing, was heard and granted. This appeal follows.

*175The facts, taken from the preliminary-hearing transcript, are…