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McNAIR v. SHERIFF, CLARK COUNTY

No. 7264.

514 P.2d 1175 (1973)

John Toth McNAIR, Appellant, v. SHERIFF, CLARK COUNTY, Nevada, Respondent.

Supreme Court of Nevada.

October 11, 1973.

Attorney(s) appearing for the Case

Roy L. Nelson, II, Las Vegas, for appellant.

Robert List, Atty. Gen., Carson City, Roy A. Woofter, Dist. Atty., Las Vegas, for respondent.

OPINION

GUNDERSON, Justice.

This appeal questions the State's right to obtain and proceed on a grand jury indictment for robbery, after a justice court dismissed a prior criminal complaint for the identical offense because the prosecutor appeared unprepared for a scheduled preliminary hearing, and failed to tender a proper motion to continue the case.

It appears that the State originally filed three complaints...

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