Abbott v. Superior Court of Pima County

An informal hearing was held in accordance with the provisions of Rule 1, Rules of the Supreme Court, 17 A.R.S. following which we issued an alternative writ of prohibition in order to resolve the question as to whether, under the admitted facts, the respondent court had jurisdiction to arraign and then proceed with the trial of petitioners. Prior to the filing of this petition the petitioners (as defendants) had moved, on various jurisdictional grounds, to quash the indictment theretofore returned against them by a Pima County Grand Jury. The motion to quash was denied, and such order is not appealable. Hence it appeared to us that under the peculiar facts of this case prohibition was a proper remedy to test jurisdiction of the Court, for as was stated by the Supreme Court of California in a prohibition proceeding, entitled Bruner v. Superior Court, 92 Cal. 239, 28 P. 341, 345: