Hayes v. Gardner

DONALDSON, Justice.

This habeas corpus proceeding was initiated in this Court by the petitioner, Michael T. Hayes, against the defendant, Lewis Gardner, Sheriff of Shoshone County, to challenge^ an order of the District Court of the First Judicial District, denying his request for a hearing before a magistrate on the question of whether he should be treated as a juvenile rather than as an adult. A writ of habeas corpus was issued by this Court, and a return to the writ was made by the defendant Sheriff.

On July 13, 1972, when the petitioner was seventeen years of age, a criminal complaint…