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FAIRMAN v. WARDEN

Nos. 5235, 5264.

431 P.2d 660 (1967)

Earl FAIRMAN, Jr., Appellant, v. WARDEN, NEVADA STATE PRISON, Respondent. Dorothy Mae JOHNSON, also known as Dorothy Mae Benson, Appellant, v. SHERIFF OF CLARK COUNTY, State of Nevada, Respondent.

Supreme Court of Nevada

September 19, 1967.

Attorney(s) appearing for the Case

Babcock & Sutton, of Las Vegas, for Appellant Earl Fairman, Jr.

Foley, Garner & Shoemaker, of Las Vegas, for Appellant Dorothy Mae Johnson.

Harvey Dickerson, Attorney General, George E. Franklin, Jr., District Attorney, James D. Santini, Deputy District Attorney, Clark County, for Respondent Warden, Nevada State Prison, and Respondent Sheriff of Clark County, State of Nevada.

OPINION

COLLINS, Justice.

These cases were consolidated for argument and disposition since they arose out of the same incident. Each appeal is from a district court denial of habeas corpus following preliminary examination.

Fairman contends that evidence of possession of narcotics was erroneously admitted, because secured by an unconstitutional search and seizure. Fairman and Johnson each urge that there was an insufficient showing of possession...

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