State v. Von Brincken

OPINION

By the Court,

Zenoff, J.:

By grand jury indictment, Friedrich A. von Brincken was charged with involuntary manslaughter for the death of his wife, Hope. Von Brincken petitioned for a writ of habeas corpus on the alleged failure of the state to establish probable cause that he brought about the death of his wife. The trial court granted the writ and the state appeals.

All of the testimony and evidence presented to the grand jury was consistent. Von Brincken and his wife dined at the Tahoe Racquet Club restaurant in Incline Village at Lake Tahoe about 7:00 p.m. on March 20, 1969. The night…