Porter v. Sheriff, Clark County

OPINION

The single issue presented by this appeal is whether or not the state is required to prove an actual delivery or transfer of possession of a narcotic substance, in order to prove a sale of narcotics under NRS 453.030.

The appellant was charged by criminal complaint with the sale of narcotics in violation of NRS 453.030. The testimony adduced at the preliminary examination revealed that the appellant was handed a sum of money in payment for an amount of narcotics; that the appellant left the area where the transaction was taking place, returned, began to arrange injection equipment on a…