Streitenberger v. Sheriff

OPINION

Appellant duly and timely appeared in a magistrate’s court in Las Vegas for a scheduled preliminary examination. The prosecution did not subpoena a necessary witness and rested its case without having presented sufficient evidence to establish that appellant had probably committed the charged offense (leaving the scene of an accident, NRS 484.219).

The magistrate denied appellant’s motion to dismiss the *690charge and, sua sponte, gave the deputy district attorney a several hour continuance to come up with a “Hill” affidavit (Hill v. Sheriff, 85 Nev. 234, 452 P.2d 918 (1969)), or to offer a…