Whitmore v. Sheriff
Cases that cite this one
1 later published case cites this decision.
- Ursino v. Sheriff, Washoe County (Nev. 1975)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant was charged, by grand jury indictment, with the sale of a controlled substance “marijuana” in violation of NRS 453.161 (4) (j) and NRS 453.321 (2) (a)(1).
In this appeal from a denial of pre-trial habeas relief in the district court his basic contention is that he was, at most, only the agent of the purchaser and thus immune from prosecution under our decision in Roy v. State, 87 Nev. 517,489 P.2d 1158 (1971). At this juncture, his reliance on Roy is misplaced.
Roy involved the right of an accused to have a “purchasing agent” instruction given to the jury, “[wjhere the evidence does not foreclose it, . . ,”
The record before us contains sufficient evidence to establish probable cause that appellant’s involvement in the transaction was in furtherance of the sale, which is not questioned.
The judgment of the trial court is affirmed.
Appellant might well be entitled to a Roy instruction when his case is submitted to the jury.
Glosen v. Sheriff, 85 Nev. 145, 451 P.2d 841 (1969), and Glosen v. Sheriff, 85 Nev. 166, 451 P.2d 843 (1969).
Linder our statutes marijuana was classified as a narcotic prior to January 1, 1972. Since that date it is classified as a controlled substance, NRS 453.161 (4) (j). Its sale is still a felony. NRS 453.321. See Stats, of Nev. 1971, ch. 667, p. 1999 et seq.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.