Sheriff v. Lyons

*299OPINION

By way of information, respondent was charged with possession of a cheating device, a violation of NRS 465.080.1 Thereafter, respondent petitioned the district court for a pre-trial writ of habeas corpus on the ground that there was insufficient evidence to establish probable cause to bind respondent over for trial. The district court granted the petition and the State appeals therefrom.

At the preliminary examination a casino security agent testified that he observed respondent inserting what was later identified as a “spoon”, a device used for cheating, into a slot machine.

A criminal…