Brooks v. Sheriff, Clark County

OPINION

By the Court,

Batjer, J.:

After a preliminary examination appellant was ordered to stand trial for burglary (NRS 205.060), and battery with intent to commit rape (NRS 200.400(3) ).

Contending the state failed to establish probable cause to hold him for trial on the charges, appellant filed pre-trial habeas, challenging the information, and now appeals from the order denying him relief.

The testimony 1 given by the victim at the preliminary examination reflects that she and her baby were in bed sleeping, about 4:30 a.m. on June 27, 1972. She was awakened by appellant, who was choking her.…