GAINES v. STATE

No. 11906.

613 P.2d 409 (1980)

Leon GAINES, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

June 30, 1980.


Attorney(s) appearing for the Case

Morgan D. Harris, Public Defender, and Victor John Austin, Deputy Public Defender, Las Vegas, for appellant.

Richard H. Bryan, Atty. Gen., Carson City, Robert J. Miller, Dist. Atty., and James Tufteland, Deputy Dist. Atty., Las Vegas, for respondent.


OPINION

PER CURIAM:

Appellant was convicted of burglary, a felony under NRS 205.060. We need only consider appellant's contention that the district court committed error as to an instruction on the presumption of intent for burglary. See NRS 205.065.

Over appellant's objection, the district court gave the following instruction:

Every person who shall unlawfully break and enter or unlawfully...

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