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STATE v. VIERS

No. 6055.

469 P.2d 53 (1970)

STATE of Nevada, Appellant, v. Don Wayne VIERS, Respondent.

Supreme Court of Nevada.

May 18, 1970.

Attorney(s) appearing for the Case

Harvey Dickerson, Atty. Gen., Carson City, George E. Franklin, Jr., Dist. Atty., Addeliar D. Guy, Deputy Dist. Atty., Las Vegas, for appellant.

Morris, Walker & Pilkington, Las Vegas for respondent.

OPINION

BATJER, Justice.

The respondent, Don Wayne Viers, was charged with assault with a deadly weapon with intent to do bodily harm. He was tried before a jury and acquitted. This appeal by the state results from that acquittal. The respondent has moved for a dismissal of the appeal and contends that NRS 177.015 is unconstitutional, to the extent that it purports to allow the state to appeal questions of law in criminal cases, after those questions have...

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