McGee v. Sheriff, Clark County

OPINION

By the Court,

Thompson, J.:

On May 19, 1967, McGee was charged by criminal complaint with having committed the crime of robbery, and was arrested forthwith. A preliminary examination was never held on that charge, nor was such examination waived. In September 1967, the district court granted the defendant’s petition for a writ of habeas corpus, and he was discharged from custody. The order granting the writ was premised upon the state’s failure to prosecute the case with reasonable speed. The state did not appeal from that adverse ruling. Instead, the prosecutor filed another criminal…