Martin S. Rogers, of Tucson, for appellant.
Bryce H. Wilson, Pima County Attorney, Victor M. David, Deputy Pima County Attorney, Tucson, for appellee.
Stanford, Justice. LaPrade, C. J., and Udall, Phelps and Deconcini, JJ., concurring.
[71 Ariz. 72] This is an appeal from an order of the Superior Court, following a hearing on certiorari, affirming an order of the appellee,
Clark H. Johnson, Justice of the Peace, that appellant be held to answer to the Superior Court on the charge of failure to provide for minor children.
The appellant, Jesus Valles, was charged in accordance with provisions set out in section 43-201 A.C.A.1939, prior to amendment in 1949, which read as follows: "A parent who wilfully omits, without lawful excuse, to furnish necessary food, clothing, shelter or medical attendance for his or her minor child is guilty of a felony."
Complaint was filed with appellee, who was Justice of the Peace of the Justice Court, Tucson Precinct No. 2, Pima County, Arizona. Preliminary hearing was had on March 23, 1949, and thereafter, appellee entered an order that appellant be held to answer to the Superior Court on charges made in the above mentioned complaint.
The only evidence taken at the said hearing, was testimony of the complainant, one Petra Avalarde, who stated that she was the mother of the three children involved, that the appellant was the father of the children, that the children were all born out of wedlock and that their parentage had not theretofore been established. Objection was made to the admission of the testimony that appellant was the father of the children concerned, there being no further evidence of the fact offered. The objection was over-ruled and the above mentioned order was issued by the Justice of the Peace.
Application for writ of certiorari was then made to the Superior Court. The same having been granted and hearing had thereon, an order (judgment) was subsequently entered, quashing the writ ...