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SHERIFF, CLARK COUNTY v. BENSON

No. 7028.

509 P.2d 554 (1973)

SHERIFF, CLARK COUNTY, Nevada, Appellant, v. Johnny BENSON, Respondent.

Supreme Court of Nevada.

May 9, 1973.

Attorney(s) appearing for the Case

Robert List, Atty. Gen., Carson City, Roy A. Woofter, Dist. Atty., and H. Leon Simon, Deputy Dist. Atty., Las Vegas, for appellant.

Morgan D. Harris, Public Defender, and Brian L. Greenspun, Deputy Public Defender, Las Vegas, for respondent.

OPINION

BATJER, Justice:

The respondent, Johnny Benson, successfully petitioned the district court for habeas corpus and in this appeal the state's sole contention is that the trial court erred in its interpretation of the law that was in effect at the time of the alleged offense.

At approximately 11:15 p.m. on February 4, 1972, Las Vegas police officer Eugene Jones, accompanied by several other officers...

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