Perkins v. Sheriff, Clark County, 8674
| Decision Date | 25 March 1976 |
| Docket Number | No. 8674,8674 |
| Citation | 547 P.2d 312,92 Nev. 180 |
| Parties | Robert PERKINS, Appellant, v. SHERIFF, CLARK COUNTY, Nevada, Respondent. |
| Court | Nevada Supreme Court |
Robert Perkins was charged with, and ordered to stand trial for, attempted murder. Thereafter he filed a petition for habeas corpus contending the evidence adduced at the preliminary examination was insufficient to meet the probable cause requirement delineated in NRS 171.206. The district court denied habeas and the same contention has been brought forward by appeal.
This record establishes, inter alia, that during an altercation over a parking space John Shields wrested a knife from Perkins' hand and discarded it; Perkins then ran into his lodging and returned with a revolver; the parties again struggled; the gun discharged; and, Shields was wounded.
We believe such evidence, while marginal, justified the magistrate's determination that there was probable cause to hold Perkins for trial. See State v. Havas, 91 Nev. 611, 540 P.2d 1060 (1975). Cf. Maupin v. Sheriff, 90 Nev. 99, 520 P.2d 237 (1974); Mathis v. State, 82 Nev. 402, 419 P.2d 775 (1966). We are not now concerned that such evidence may, by itself, be insufficient to convict Perkins of the charged offense. McDonald v. Sheriff, 89 Nev. 326, 512 P.2d 774 (1973).
Affirmed.
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...Hodes, 96 Nev. at 186, 606 P.2d at 180. 38. NRS 172.145(1). 39. Hodes, 96 Nev. at 186, 606 P.2d at 180 (quoting Perkins v. Sheriff, 92 Nev. 180, 181, 547 P.2d 312, 312 (1976)). 40. Id. 41. Kinsey v. Sheriff, 87 Nev. 361, 363, 487 P.2d 340, 341 (1971). 42. 109 Nev. 1129, 1132, 865 P.2d 318, ......
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...based on slight, even ‘marginal’ evidence.” Sheriff v. Hodes, 96 Nev. 184, 186, 606 P.2d 178, 180 (1980) (quoting Perkins v. Sheriff, 92 Nev. 180, 181, 547 P.2d 312, 312 (1976)). In other words, the prosecution must merely show “ ‘enough evidence to support a reasonable inference’ that the ......
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