Stockton v. Sheriff, Clark County

OPINION

The appellant’s petition for a writ of habeas corpus was denied by the district court and he brings this appeal.

A criminal complaint was filed against the appellant on September 16, 1969, charging him with the sale and possession of narcotics. On November 5, 1969, the date set for the preliminary examination, the state verbally moved for a continuance because one of its witnesses was not available to testify. Over the objection of the appellant, the magistrate granted the state’s motion and the case was reset for December 11, 1969, with the admonition that if the state was not ready to…