Brooks v. State

OPINION

The appellant was convicted of possession of a controlled substance with intent to sell. On appeal the appellant complains that the district judge erred in refusing a proifered jury instruction and that the district judge indirectly commented on the evidence during his questioning of a defense witness. See Nev. Const. Art. VI, § 12. We need not reach the latter question because we agree that the instruction should have been given. We therefore reverse and remand for a new trial.

Two uniformed police officers were in a high crime area of Las Vegas observing what they believed to be…