McDONALD v. SHERIFF OF CARSON CITY

No. 7260.

512 P.2d 774 (1973)

David Michael McDONALD, Appellant, v. SHERIFF OF CARSON CITY, Nevada, and the State of Nevada, Respondents.

Supreme Court of Nevada.

July 23, 1973.


Attorney(s) appearing for the Case

Arthur J. Bayer, Jr., Carson City, for appellant.

Robert List, Atty. Gen., Carson City, Michael E. Fondi, Dist. Atty., Carson City, for respondents.


OPINION

PER CURIAM.

An information charging appellant with nine different felonies was filed in the district court at the conclusion of a preliminary examination. A pre-trial habeas challenge to the information was granted as to three counts, and denied as to the remaining counts. In this appeal, appellants contends the district court erred in denying habeas as to two counts of rape (Counts I and II) because the evidence showed the alleged victim consented...

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