February 24, 1970
Appeal from an order of the Second Judicial District Court, Washoe County, denying a pretrial application for a writ of habeas corpus; John W. Barrett, Judge.
Nelson, Bull Hickey, of Reno, for Appellant.
Harvey Dickerson, Attorney General, William J. Raggio, District Attorney, and Kathleen M. Wall, Deputy District Attorney, Washoe County, for Respondent.
This is an appeal from a denial of a pretrial application for a writ of habeas corpus. Respondent moved for a dismissal of the appeal because it was based solely on the issue of the admissibility of evidence on constitutional grounds.
We have examined the record and the briefs, and find that appellant's contentions that his pretrial identification by the robbery victim, and the victim's subsequent testimony at the preliminary hearing, violated his constitutional rights, are grounds for a motion to suppress, but not grounds for habeas corpus. Cook v. State, 85 Nev. 692, 462 P.2d 523 (1969).
Accordingly, the motion to dismiss of respondent is granted, and this appeal is dismissed.