Whitmore v. Sheriff

*689OPINION

Appellant was charged, by grand jury indictment, with the sale of a controlled substance “marijuana” in violation of NRS 453.161 (4) (j) and NRS 453.321 (2) (a)(1).

In this appeal from a denial of pre-trial habeas relief in the district court his basic contention is that he was, at most, only the agent of the purchaser and thus immune from prosecution under our decision in Roy v. State, 87 Nev. 517,489 P.2d 1158 (1971). At this juncture, his reliance on Roy is misplaced.

Roy involved the right of an accused to have a “purchasing agent” instruction given to the jury, “[wjhere the evidence…