Myers v. Sheriff
Myers v. Sheriff
Opinion of the Court
OPINION
Beverly Ann Parker Purpura filed a pretrial petition for a writ of habeas corpus challenging count I of an indictment which charged her, inter alia, with an attempt to sell a controlled substance on December 3, 1977, in Las Vegas, Nevada. Habeas was denied and in this appeal Purpura contends the district judge committed reversible error.
The only evidence in the record that purports to connect Pur-pura with the charged crime is that during the evening of
Although the evidence regarding Purpura’s association with Myers may constitute some transgression of the law, we deem such evidence insufficient to support a charge of attempted sale. Accordingly, the district judge should have granted Pur-pura’s habeas challenge to count I of the indictment which charged her with that crime. See Palombo v. Sheriff, 93 Nev. 492, 568 P.2d 580 (1977). See also Ursino v. Sheriff, 91 Nev. 409, 537 P.2d 316 (1975).
Reversed.
Although William Myers is named as an appellant in the record which has been docketed, there is no cognizable issue involving him.
Reference
- Full Case Name
- WILLIAM EDWARD MYERS and BEVERLY ANN PARKER PURPURA v. SHERIFF, CLARK COUNTY, NEVADA
- Status
- Published