Sheriff, Clark County v. Byron

OPINION

At the conclusion of a preliminary examination, Betty Byron was ordered to stand trial for selling a controlled substance (heroin), in violation of NRS 453.321 and NRS 453.-161. A pretrial petition for a writ of habeas corpus contended there was insufficient evidence to establish probable cause to believe that Byron committed the charged offense.

The thrust of Byron’s argument was that the charge must fail because the prosecuting attorney neglected to introduce the contraband as evidence at the preliminary examination. The district judge agreed and granted habeas. The state, contending…