State v. Dunckhurst

OPINION

This is an appeal from an order granting respondent Dunckhurst’s pretrial petition for a writ of habeas corpus. The sole issue presented is whether the district court committed reversible error in concluding that the state could not charge Dunckhurst with the use of a deadly weapon in the commission of the offense of murder. Having concluded that the district court erred, we reverse and remand.

On February 9, 1983, the Clark County grand jury indicted Dunckhurst under NRS 200.010 and NRS 200.030 for open murder, and under NRS 193.165 for the use of a deadly weapon in the commission of…