Application of Sullivan

OPINION

By the Court,

Eather, J.:

This is an appeal from an order of the Second judicial district court of the State of Nevada in and for the county of Washoe, denying a writ of habeas corpus.

Following a preliminary hearing in the justice court of Reno Township the petitioner was held to answer on a charge of burglary. An information had been filed in the district court and the petitioner petitioned the court for a writ of habeas corpus, contending that he was committed without reasonable or probable cause.

The court below found that the only evidence at the preliminary hearing was the testimony…