Hill v. Sheriff of Clark County

OPINION

By the Court,

Thompson, J.:

This is an appeal from a district court denial of habeas corpus. The petition for discharge from restraint was based upon the failure of the magistrate to hold a preliminary examination within 15 days as commanded by NRS 171.196(2). The examination was originally scheduled for hearing within the statutory time. On the date set the prosecutor orally requested a continuance since the main witness for the state was absent from Clark County. The defendant was prepared to proceed. An affidavit was not prepared and submitted to the magistrate. The oral request of…