Appeal from Superior Court, Maricopa County; Thomas J. Croaff, Judge.
Proceeding in the matter of the application of Wilma F. Coone for a writ of habeas corpus. From the judgment, defendant appeals.
Nolen L. McLean, of Tucson, for appellant.
Thomas J. Elliott, of Tucson, for appellee.
Udall, Justice. Stanford, C. J., and LaPrade, J., concur.
[67 Ariz. 300] Wilma F. Coone appeals from an order of the superior court of Maricopa county quashing a writ of habeas corpus and remanding her to the custody of the sheriff for confinement under the commitment issued by the superior court of Pima county.
The appellant was charged by a verified complaint filed in the city court of the city of Tucson with the misdemeanor offense of violating section 66-403, A.C.A.1939, known as the reckless driving statute. Section 16-1101, A.C.A.1939, as amended by chapter 4, Second Special Session of the Seventeenth Legislature, 1946, gives police courts "concurrent jurisdiction with justices of the peace in the precincts where said city or town is established, over all [67 Ariz. 301] violations of the laws of the state committed within the limits of said city or town." Appellant was duly arraigned, entered a plea of not guilty, and after a trial regularly held was found guilty by the city magistrate and sentenced to pay a fine of sixty dollars and imprisonment in the county jail for a term of fifteen days.
An appeal from this judgment was taken to the superior court of Pima County as authorized by the provisions of article 6, section 6, constitution of Arizona; section 44-2601, A.C.A.1939, and section 7, chapter 12, charter of the city of Tucson. The city magistrate transmitted to the clerk of the superior court all the papers in the case and a copy of all the proceedings had therein. Section 44-2603, A.C.A.1939. These were filed and docketed by the clerk and thereafter the cause was tried de novo in the superior court on the original verified complaint with the city attorney prosecuting the case. The jury returned a verdict of guilty whereupon the defendant was sentenced by the court to pay a sixty dollar fine and serve thirty days in jail.
Appellant then filed a petition for habeas corpus with this court. Order granting writ was entered requiring the sheriff of Pima county to produce the body of petitioner before the Honorable Thomas J. Croaff, judge of the superior court of Maricopa county. A hearing was had on the return day whereupon the writ was quashed and the petitioner remanded. This appeal followed.
Appellant contends that it was error for the superior court of Maricopa county to quash the writ of habeas corpus. Two novel inter-related questions are raised by the appeal: (1) In the prosecution of an appeal from the city court in a criminal case, is it necessary for the county attorney to file an information before the de novo trial can proceed in the ...