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Ventureira v. Sheriff

Supreme Court of Nevada
May 30, 1975
535 P.2d 1286 (Nev. 1975)

Opinion

No. 8217

May 30, 1975

Appeal from Second Judicial District Court, Washoe County; Roy L. Torvinen, Judge.

H. Dale Murphy, Washoe County Public Defender, and William Puzey, Deputy Public Defender, for Appellant.

Robert List, Attorney General, Carson City; Larry R. Hicks, District Attorney, and Jack Alian, Deputy District Attorney, Washoe County, for Respondent.


OPINION


This appeal challenges the sufficiency of the evidence to warrant prosecution of appellant for attempted murder, battery with a deadly weapon and assault with intent to commit murder.

The only probative evidence of record is that appellant fired two shots from a pistol in a public area. We deem such evidence totally insufficient to meet the probable cause requirement of NRS 171.206 that any of the charged crimes were committed, or that appellant committed them. Cf. Hooker v. Sheriff, 89 Nev. 89, 506 P.2d 1262 (1973).

Accordingly, we reverse the order of the district court, and order that appellant be freed from custody unless, within fifteen (15) days, the state elects to bring new and appropriate charges.


Summaries of

Ventureira v. Sheriff

Supreme Court of Nevada
May 30, 1975
535 P.2d 1286 (Nev. 1975)
Case details for

Ventureira v. Sheriff

Case Details

Full title:JUAN ENRIQUE VENTUREIRA, APPELLANT, v. SHERIFF, WASHOE COUNTY, NEVADA…

Court:Supreme Court of Nevada

Date published: May 30, 1975

Citations

535 P.2d 1286 (Nev. 1975)
535 P.2d 1286