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WOOFTER v. KELLY

No. 7575.

526 P.2d 337 (1974)

Roy A. WOOFTER, District Attorney of Clark County, State of Nevada, Petitioner, v. Honorable James B. KELLY, as Justice of the Peace, North Las Vegas Township, County of Clark, State of Nevada, Respondent.

Supreme Court of Nevada.

September 23, 1974.

Attorney(s) appearing for the Case

Roy A. Woofter, Dist. Atty., Las Vegas, Robert List, Atty. Gen., Carson City, Raymond D. Jeffers, and Charles L. Garner, Deputy Dist. Attys., Las Vegas, for petitioner.

Morgan D. Harris, Public Defender, and Robert L. Stott, Deputy Public Defender, Robert L. Reid, Las Vegas, for respondent and parties in interest.

OPINION

PER CURIAM:

By complaint filed in the Justice's Court of North Las Vegas Township, the State attempted to charge certain defendants with grand larceny, murder of a peace officer, and first degree murder. The respondent justice of the peace held defendants to answer on the grand larceny count, but refused to hold them on the murder counts as alleged in the complaint. Instead, the magistrate purported to hold defendants on a charge of "second degree...

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