State v. Havas

OPINION

By the Court,

Breen, D. J.:1

The trial court dismissed charges of forcible rape against Havas upon the ground that the prosecution had failed to preserve exculpatory evidence. This case has been before this court -twice on other matters. See State v. Havas, 91 Nev. 611, 540 P.2d 1060 (1975) and State v. Havas, No. 9321, Order Dismissing Appeal, filed December 30, 1976.

The record discloses that the pants and undergarments of the alleged victim were not produced by the prosecution for inspection when requested by the defense. No explanation was made for the unavailability of the garments…