Wagoner v. Sheriff, Clark County
Wagoner v. Sheriff, Clark County
Opinion of the Court
OPINION
The appellant was indicted by the grand jury on a charge of two counts of possession of marijuana. He filed a petition for a writ of habeas corpus which challenged the indictment on the grounds that there was insufficient evidence to constitute probable cause to believe that the offense charged had been committed.
At the grand jury proceedings the arresting officer testified that he had been employed by the sheriff’s office for approximately nine years, and that he was working with the narcotics detail at the time of the appellant’s arrest. He further testified
The appellant contends that NRS 172.135(2)
Substantially the same argument was made and rejected in Zampanti v. Sheriff, 86 Nev. 651, 473 P.2d 386 (1970). Although in that case the appellant represented to the arresting officer that the substance was marijuana, and the issue was thus not properly before us on appeal, we said by way of dictum “. . . the testimony of a qualified police officer satisfies the standard of probable cause necessary to support the indictment.”
Affirmed.
NRS 172.135(2) reads: “The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.”
Reference
- Full Case Name
- JAMES RAYMOND WAGONER v. SHERIFF, CLARK COUNTY, NEVADA
- Status
- Published