McDonald v. Sheriff of Carson City

OPINION

An information charging appellant with nine different felonies was filed in the district court at the conclusion of a preliminary examination. A pre-trial habeas challenge to the information was granted as to three counts, and denied as to the remaining counts. In this appeal, appellant contends the district court erred in denying habeas as to two counts of rape (Counts I and II) because the evidence showed the alleged victim consented to the sexual intercourse, and argues that, as to the other counts, the evidence submitted to the magistrate was insufficient to establish probable…