Maes v. Sheriff

OPINION

By the Court,

Mowbray, J.:

An information, filed March 8, 1978, charged Bibian Bona-facio Maes with sexual assault (NRS 200.364; NRS 200.366) and lewdness with a minor (NRS 201.230). After Maes was arraigned, he challenged the sexual assault charge by filing a pretrial petition for a writ of habeas corpus. Habeas was denied and Maes has appealed.

The claim below, which is reasserted here, was that the charge must fail because the State failed to prove the necessary element of sexual assault in that the record of the preliminary *716hearing does not establish “sexual penetration” within the…