Graves v. Young

OPINION

By the Court, COLLINS, J.:

Appellant was charged by indictment with the felony of attempted murder in the first degree, a violation of NRS 208.070, 1 being an attempt to violate NRS 200.-030. 2

He was denied discharge on habeas corpus by the lower court. His appeal raises one question: Does the law of Nevada permit a person to be charged with attempted murder?

Appellant contends he can be charged only under NRS 200.400, 3 which defines assault with intent to kill and urges that “an assault with intent to kill is an aggravated unlawful attempt, coupled with a present ability, with intent…