Sheriff, Clark County v. Benson

OPINION

By the Court,

Batjer, J.:

The respondent, Johnny Benson, successfully petitioned the district court for habeas corpus and in this appeal the state’s sole contention is that the trial court erred in its interpretation of the law that was in effect at the time of the alleged offense.

At approximately 11:15 p.m. on February 4, 1972, Las Vegas police officer Eugene Jones, accompanied by several other officers, made a.routine check of the Friendly Liquor Store in Las Vegas, Nevada. The record reveals that when Jones entered the store a man came out of the ladies rest room. Upon seeing the…