575 P.2d 598 | Nev. | 1978
OPINION
An indictment charged Richard Loucious with the felonious sale of a controlled substance (heroin), in violation of NRS 453.321 and NRS 453.161. Loucious challenged the indictment with a pretrial petition for a writ of habeas corpus contending, inter alia, the evidence presented to the grand jury was insufficient to sustain the probable cause burden which is imposed by NRS 172.155(1).
The recited facts may subject Loucious to charges under a criminal statute. However, in our view, they are “insufficient to establish probable cause that [Loucious] made a ‘sale’ [of heroin].” Egan v. Sheriff, 88 Nev. 611, 614, 503 P.2d 16, 17 (1972).
Accordingly, we reverse. This case is remanded to the district court with instructions to grant the petition for a writ of habeas corpus.
In view of our disposition of the appeal, we need not, and therefore do not, consider other claims of error.