History
  • No items yet
midpage
Barker v. Sheriff
90 Nev. 460
Nev.
1974
Check Treatment

OPINION

Per Curiam:

In this appeal from an order denying a pretrial petition for habeas corpus, we believe the unchallenged evidence adduced at the preliminary examination justified the magistrate’s determination that there was probable cause to hold appellant for trial. NRS 171.206. See concurring opinion by Zenoff, J., in Franklin v. State, 89 Nev. 382, 389, 513 P.2d 1252, 1257 (1973). Cf. Callanan v. United States, 364 U.S. 587 (1961); McWilliams v. State, 87 Nev. 302, 486 P.2d 481 (1971).

“[W]e are not now concerned with the prospect that the evidence presently in the record may, by itself, be insufficient to sustain a conviction.” McDonald v. Sheriff, 89 Nev. 326, 327, 512 P.2d 774, 775 (1973).

Other contentions raised by appellant have previously been considered and rejected. McGee v. Sheriff, 86 Nev. 421, 470 P.2d 132 (1970); cf. Johnson v. Sheriff, 89 Nev. 304, 511 P.2d 1051 (1973); Goldsmith v. Sheriff, 85 Nev. 295, 454 P.2d 86 (1969).

The order denying habeas relief is affirmed.

Case Details

Case Name: Barker v. Sheriff
Court Name: Nevada Supreme Court
Date Published: Dec 27, 1974
Citation: 90 Nev. 460
Docket Number: No. 7518
Court Abbreviation: Nev.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.