State v. McRoy

OPINION

By the Court,

Zenoff, J.:

On August 29, 1968 Freddie Gene McRoy and Oliver Emmett Lee were arrested for the crimes of burglary and possession of narcotics. Thereafter several different charges were filed and later dismissed. They eventually petitioned for a writ of habeas corpus on the contention that they were not afforded a preliminary hearing within 15 days as required by NRS 171.196(2). On that ground the district court granted, the petition from which the state appeals.

After their arrest on August 29th the two were arraigned on September 5th but the complaint was dismissed on…