Oxborrow v. Sheriff, Nye County

OPINION

Kenneth Steven Oxborrow was a guest in the residence of a friend when police officers arrived and, pursuant to a warrant, conducted a search. Marijuana was seized from under a couch, the refrigerator and from pill vials which were secreted in a closed jewelry box. On this evidence Oxborrow was charged with, and ordered to stand trial for, the felonious possession of marijuana. NRS 453.336 and NRS 453.161.

In a pretrial petition for a writ of habeas corpus, Oxborrow contended there was insufficient evidence adduced at the preliminary examination to establish probable cause to believe he…