Sheriff, Clark County v. Badillo

• Decision Date: 24 September 1979
• Docket Number: No. 12106,12106
• Citation: 600 P.2d 221,95 Nev. 593
• Parties: SHERIFF, CLARK COUNTY, Nevada, Appellant, v. Jorge Antonio BADILLO, Respondent.
• Court: Nevada Supreme Court

Page 221

600 P.2d 221

95 Nev. 593

SHERIFF, CLARK COUNTY, Nevada, Appellant, v.Jorge Antonio BADILLO, Respondent.

No. 12106.

Supreme Court of Nevada.

Sept. 24, 1979.

Richard H. Bryan, Atty. Gen., Carson City, Robert J. Miller, Dist. Atty. and Nikolas L. Mastrangelo, Deputy Dist. Atty., Clark County, Las Vegas, for appellant.

Cal J. Potter, III, Las Vegas, for respondent.

OPINION

PER CURIAM:

Evidence was adduced at a preliminary examination that on May 2, 1979, a robbery took place at General Auto Parts, Inc.Though the testimony of the several witnesses was in conflict, one of the witnesses identified Badillo as one of the perpetrators.At the conclusion of the preliminary examination, Badillo was held to answer to a charge of robbery (NRS 200.380) and use of a deadly weapon in the commission of that crime (NRS 193.165).Thereafter, Badillo petitioned the district court for a pretrial writ of habeas corpus contending the evidence was insufficient to establish probable cause to believe that he had committed the offense.The district court granted the writ, and from that order the Sheriff has appealed.

The pretrial writ of habeas corpus will issue when the evidence is insufficient to establish probable cause to believe that the accused committed the charged offense.SeeWilliams v. Sheriff, 92 Nev. 543, 554 P.2d 732(1976).A finding of probable cause may be based on slight evidence.Franklin v. State, 89 Nev. 382, 513 P.2d 1252(1973).Here, the...