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DOWNEY v. SHERIFF, CLARK COUNTY

No. 6729.

492 P.2d 989 (1972)

Joan Ann DOWNEY, Appellant, v. SHERIFF, CLARK COUNTY, Nevada, Respondent.

Supreme Court of Nevada.

January 21, 1972.

Attorney(s) appearing for the Case

Robert G. Legakes, Public Defender and Thomas D. Beatty, Deputy Public Defender, Las Vegas, for appellant.

Robert List, Atty. Gen., Carson City, Roy A. Woofter, Dist. Atty., and Charles L. Garner, Chief Deputy of Appeals, Las Vegas, for respondent.

OPINION

PER CURIAM:

The sole issue presented by this appeal is whether or not the appellant is entitled to a writ of habeas corpus discharging her from restraint and prohibiting further prosecution when the state secures a continuance of a scheduled preliminary examination by means of an affidavit1 containing inaccurate statements of fact.2 Upon the strength of the state's affidavit, the magistrate...

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