Sheriff, Clark County v. Morris

*111OPINION

By the Court,

Steffen, J.:

This appeal results from the district court’s order granting the respondent’s pretrial petition for writ of habeas corpus and discharging the respondent. We conclude that the district court erred as to the law but must affirm the granting of the writ on grounds of the insufficiency of the indictment.

In respect of this appeal, the following alleged facts are deemed relevant. On March 1, 1979, 17-year old Timothy Slotemaker died as a result of ingesting a lethal quantity of trichloral ethanol (a derivative of chloral hydrate).1 The controlled substance in the…