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STATE v. SECOND JUDICIAL DISTRICT COURT

No. 5862.

455 P.2d 923 (1969)

STATE of Nevada, Petitioner, v. SECOND JUDICIAL DISTRICT COURT, Respondent.

Supreme Court of Nevada.

June 16, 1969.

Attorney(s) appearing for the Case

William J. Raggio, Dist. Atty., and C. Frederick Pinkerton, Deputy Dist. Atty., Reno, for petitioner.

James W. Johnson, Jr., Reno, for respondent.

OPINION

COLLINS, Chief Justice.

Petitioner seeks review by writ of certiorari of an order of the lower court dismissing a felony burglary charge against Robert James Bernardelli. We conclude the application should be treated as an appeal, reverse the lower court's ruling and remand the case for further proceedings.

Petitioner sought and we improvidently granted a writ of certiorari, to review the action of the lower court in dismissing, of its own...

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