Opinion
No. 8674
March 25, 1976
Appeal from the Eighth Judicial District Court, Clark County; Joseph S. Pavlikowski, J.
David M. Schreiber, Las Vegas, for Appellant.
Robert List, Attorney General, Carson City; George E. Holt, District Attorney, Francis J. Morton, Deputy, and Frank J. Cremen, Deputy, Clark County, for Respondent.
OPINION
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.