State Ex Rel. Fogliani v. Carter

OPINION

By the Court,

Thompson, J.:

The state appeals from an order of the district court granting Carter’s petition for a writ of habeas corpus. The appeal is authorized by NRS 34.380 (4). Carter had initially been tried upon an information charging him, in separate counts, with the commission of two felonies relating to the same act, transaction or event; assault with a deadly weapon (NRS 200.400(2)), and robbery (NRS 200.380). A jury was permitted to return two verdicts, one convicting Carter of assault and battery and the other convicting him of robbery. Judgment was thereafter pronounced…