Sheriff v. Smith

OPINION

Respondent Michael Smith was charged in a criminal complaint with (1) battery with intent to commit robbery (NRS 200.400), and (2) conspiracy to commit robbery (NRS 199.480). A preliminary examination was scheduled in the justice’s court for February 26, 1980. On that day the prosecution filed a motion for a continuance supported by an affidavit stating that the victim of the crime, Joseph Wisniewski, who was an essential witness, was unable to be present. Wisniewski, a resident of Illinois, could not travel to Nevada on the day the preliminary examination was scheduled because of…