HARPER v. STATE

No. 5356.

440 P.2d 893 (1968)

Leroy HARPER, Appellant, v. STATE of Nevada, Respondent.

Supreme Court of Nevada.

March 29, 1968.


Attorney(s) appearing for the Case

James D. Santini, Richard H. Bryan, Public Defenders, Leonard I. Gang, Earle W. White, Deputy Public Defenders, Las Vegas, for appellant.

Harvey Dickerson, Atty. Gen., Carson City, George E. Franklin, Jr., Dist. Atty., James L. Buchanan, II, Deputy Dist. Atty., Las Vegas, for respondent.


OPINION

BATJER, Justice:

Harper was convicted of first degree burglary. His appeal asserts a violation of his rights protected by the Fourth Amendment of the Constitution of the United States. The trial court received evidence obtained from the search of a stolen automobile in which Harper had been riding as a passenger. When the original search was made the patrolman did not have a search warrant or a warrant for the arrest of the appellant. However, the...

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