Russell v. Sheriff
Russell v. Sheriff
Opinion of the Court
OPINION
At the conclusion of a preliminary examination Richard William Russell was ordered to stand trial for grand larceny (NRS 205.220), committed at the Fur Shop in the Tropicana Hotel, Las Vegas.
In an effort to avoid trial Russell timely petitioned for habeas corpus, contending the charge should be dismissed because (1) the evidence adduced at the preliminary examination did not meet the probable cause test delineated in NRS 171.206; and, (2) of the failure of the prosecution to timely schedule his arraignment in the district court.
1. Contrary to Russell’s contention, we believe the quantum of the evidence adduced at the preliminary examination met the requirements of NRS 171.206 and, therefore, warranted the magistrate’s determination that Russell should stand trial. Cf. McDonald v. Sheriff, 89 Nev. 326, 512 P.2d 774 (1973).
Affirmed.
Reference
- Full Case Name
- RICHARD WILLIAM RUSSELL v. SHERIFF, CLARK COUNTY, NEVADA
- Status
- Published