Myers v. Sheriff

OPINION

This is an appeal from a district court order denying a pretrial habeas corpus challenge to the portion of an indictment which charged appellants with conspiracy to sell a controlled substance.1

In asking us to reverse, appellants contend the charge is defective in that it fails to allege the requisite overt act committed in furtherance of the conspiracy. We agree. In order to constitute the charged offense, NRS 453.401(1) requires that *121there be an overt act in furtherance of the conspiracy.2 Where, as here, an overt act is necessary to constitute the offense of conspiracy NRS 175.251…