APGAR v. SHERIFF, WHITE PINE COUNTY

No. 7333.

510 P.2d 632 (1973)

Richard Curtis APGAR, Appellant, v. SHERIFF, WHITE PINE COUNTY, Nevada, Respondent.

Supreme Court of Nevada.

June 4, 1973.


Attorney(s) appearing for the Case

Gary A. Sheerin, State Public Defender, Carson City, for appellant.

Robert List, Atty. Gen., Carson City, Merlyn H. Hoyt, Dist. Atty. and Rupert C. Schneider, Deputy Dist. Atty., Ely, for respondent.


OPINION

PER CURIAM:

Appellant, after being tried and convicted of first degree murder, was afforded a new trial pursuant to the confession of error noted in Apgar v. State, 89 Nev. ___, 504 P.2d 1076 (filed Jan. 15, 1973). Thereafter, he petitioned the district court for habeas relief and now appeals from the order denying habeas.

At the habeas proceeding and on this appeal appellant's sole contention is that the...

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