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SHERIFF, CLARK CTY. v. ARVEY

No. 9468.

560 P.2d 153 (1977)

SHERIFF, CLARK COUNTY, Nevada, Appellant, v. Lawrence ARVEY, Respondent.

Supreme Court of Nevada.

February 16, 1977.

Attorney(s) appearing for the Case

Robert List, Atty. Gen., Carson City, George E. Holt, Dist. Atty. and J. Michael McGroarty, Deputy Dist. Atty., Las Vegas, for appellant.

William B. Terry, Las Vegas, for respondent.

OPINION

PER CURIAM:

Indicted for a gross misdemeanor, Lawrence Arvey filed a pretrial petition for a writ of habeas corpus. The district court considered and granted the petition and the state has appealed. We do not consider the merit, if any, of the appeal.

Arvey's habeas petition was not "verified by the oath or affirmation of the party making the application," as required by Nev.Rev.Stat. § 34.370...

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