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SHERIFF, CLARK COUNTY v. DEARING

No. 7029.

510 P.2d 874 (1973)

SHERIFF, CLARK COUNTY, Nevada, Appellant, v. Donald Joseph DEARING, Respondent.

Supreme Court of Nevada.

June 7, 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 Thomas D. Beatty, III, Deputy Public Defender, Las Vegas, for respondent.

OPINION

MOWBRAY, Justice.

Respondent was charged, by indictment, with lewdness with a minor, a felony under NRS 201.230. The district court dismissed the charges in pretrial habeas proceedings, and the State appeals.

The testimony adduced before the grand jury reflects, and the indictment so charges, that respondent's lewdness was to engage in an act of cunnilingus on the 10-year-old prosecuting witness. Such act has been held to be encompassed in...

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