State v. Maes

*50OPINION

Respondent Louie Carrea Maes was accused of the crime of rape by criminal complaint dated December 12, 1975. On January 8, 1976, prior to a preliminary hearing scheduled for January 14, an indictment was returned by the Clark County Grand Jury intended to supplant the complaint but charging the exact offense described therein. Pursuant to this superimposition of the indictment, the complaint was dismissed. The defendant, maintaining that he had a right to the preliminary hearing, appealed the dismissal and later filed a motion to dismiss the indictment in the District Court.

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