Bayman v. Sheriff, Washoe County, 6998

Decision Date07 March 1973
Docket NumberNo. 6998,6998
Citation89 Nev. 86,506 P.2d 1259
PartiesEddie Lee BAYMAN and Benjamin Davis Jones, Jr., Appellants, v. SHERIFF, WASHOE COUNTY, Nevada, Respondent.
CourtNevada Supreme Court
OPINION

PER CURIAM:

In a three count indictment returned by the Washoe County Grand Jury, appellants were charged with murder (NRS 200.010, 200.030) robbery (NRS 200.380) and burglary (NRS 205.060). This appeal is from a denial of pre-trial habeas relief in the district court and their sole contention is that the evidence submitted to the grand jury was insufficient to establish probable cause to charge them with any of the offenses.

Contrary to their contention, we believe the district court correctly determined that the evidence presented to the grand jury established probable cause to believe the charged offenses had been committed and that appellants had committed them. NRS 171.206. State v. von Brincken, 86 Nev. 769, 476 P.2d 733 (1970). Protracted discussion of the record would serve no useful purpose. Review thereof reveals that the evidence submitted to the grand jury is also within our holding in Robertson v. Sheriff, 85 Nev. 681, 683, 462 P.2d 528, 529 (1969), in which we said 'that presence, companionship, and conduct before and after the offense are circumstances from which one's participation in the criminal intent may be inferred.'

Affirmed.

THOMPSON, C.J., and MOWBRAY, GUNDERSON, BATJER, and ZENOFF, JJ., concur.

To continue reading

Request your trial
5 cases
  • Edwards v. State
    • United States
    • Nevada Supreme Court
    • July 3, 1974
    ...before and after the offense are circumstances from which one's participation in the criminal intent may be inferred.' Bayman v. Sheriff, 89 Nev. 86, 506 P.2d 1259 (1973); Johnstone v. Lamb, 89 Nev. 38, 505 P.2d 596 (1973); Robertson v. Sheriff, 85 Nev. 681, 462 P.2d 528 (1969). In this reg......
  • Jones v. Sheriff, Washoe County
    • United States
    • Nevada Supreme Court
    • May 14, 1973
    ...v. Teeter, 65 Nev. 584, 200 P.2d 657 (1948). We adopt the California view and affirm the order of the trial court. 1 In Bayman v. Sheriff, 89 Nev. ---, 506 P.2d 1259, we affirmed a district court order denying habeas relief where the same parties challenged the grand jury indictment.2 We ar......
  • Merryman v. State, 11493
    • United States
    • Nevada Supreme Court
    • October 15, 1979
    ...defendant's participation in the criminal intent may be inferred. Edwards v. State, 90 Nev. 255, 524 P.2d 328 (1974); Bayman v. Sheriff, 89 Nev. 86, 506 P.2d 1259 (1973); Johnstone v. Lamb, 89 Nev. 38, 505 P.2d 596 (1973); Robertson v. Sheriff, 85 Nev. 681, 462 P.2d 528 (1969). See Tellis v......
  • Sparks v. State, 6903
    • United States
    • Nevada Supreme Court
    • March 7, 1973
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT