State v. Fain

OPINION

This is an appeal from an order of the district court dismissing an indictment against respondent.

On December 17, 1978, Wayne Rutledge was brutally murdered in Las Vegas. Rutledge was stabbed numerous times in the *568face, neck, chest, back and abdomen, and was beaten about the head with a blunt instrument. Within a few months after the murder, Las Vegas police investigators suspected that respondent was one of the killers. However, they did not have sufficient evidence to allow them to prosecute respondent at that time. In 1980, respondent pleaded guilty to second degree murder in an…