Dumaine v. State

OPINION

This is an appeal from a verdict and judgment of conviction for one count of battery by a prisoner in lawful custody or confinement. See NRS 200.48l(2)(e).

The appellant has been sentenced to eighteen months in the Nevada State Prison. Because we find that the facts proved are insufficient to establish the crime charged, we reverse.

Richard K. Dumaine, a forty-one-year-old carpenter, was driving his pickup truck on Highway 50 in Lyon County, Nevada, at approximately 10:30 p.m. Charles S. Neville, a Nevada Highway Patrol corporal, thought he perceived the truck weaving.

Corporal Neville…