Berry v. Sheriff

OPINION

Following a preliminary examination on August 24, 1977, Franklin Foster Berry was ordered to stand trial for robbery (NRS 200.380). However, the state neglected to file the information until September 12, 1977, four days after the expiration of the time period prescribed by NRS 173.035 (3).1 Berry then filed a pretrial petition for a writ of habeas corpus contending he was immune from prosecution because the information had not been timely filed. Habeas was denied and Berry reasserts the same contention in this appeal. The contention is without merit.

NRS 178.556 provides, in part, and…