Odom v. State, 7796

• Citation: 538 P.2d 167,91 Nev. 473
• Decision Date: 23 July 1975
• Docket Number: No. 7796,7796
• Parties: John Benjamin ODOM, Appellant, v. The STATE of Nevada, Respondent.
• Court: Supreme Court of Nevada

Page 167

538 P.2d 167

91 Nev. 473

John Benjamin ODOM, Appellant, v. The STATE of Nevada, Respondent.

No. 7796.

Supreme Court of Nevada.

July 23, 1975.

[91 Nev. 474] Morgan D. Harris, Public Defender and Howard N. Ecker, Deputy Public Defender, Las Vegas, for appellant.

Robert List, Atty. Gen., Carson City, George Holt, Dist. Atty., and Dan M. Seaton, Deputy Dist. Atty., Las Vegas, for respondent.

OPINION

PER CURIAM:

A jury found John Benjamin Odom guilty on one count of burglary and one count of larceny. On appeal he contends that prejudicial error was committed when the trial judge refused to allow a challenge for cause to one of the jurors who was later excused peremptorily.

Although the appellant later exhausted his peremptory challenges, there remained no one on the jury whom the appellant had challenged for cause. In Mears v. State, 83 Nev. 3, 12, 422 P.2d 230, 235--236 (1967), where the identical issue was raised, we refused to decide whether the trial court erred in denying the challenge for cause. See also State of Nevada v. Raymond, 11 Nev. 98 (1876). Cf. Bryant v. State, 72 Nev. 330, 305 P.2d 360 (1956).

Applying the rationale of Mears v. State, supra, we affirm.