ROBIN THOMAS WHITE, Appellant, v. SHERIFF, CLARK COUNTY, NEVADA, Respondent
White v. Sheriff
ROBIN THOMAS WHITE, Appellant, v. SHERIFF, CLARK COUNTY, NEVADA, Respondent.
ROBIN THOMAS WHITE, Appellant, v. SHERIFF, CLARK COUNTY, NEVADA, Respondent.
No. 7255
April 11, 1974
520 P.2d 959
Morgan D. Harris, Public Defender, and Robert L. Stott, Deputy Public Defender, Clark County, for Appellant.
Robert List, Attorney General, Carson City; Roy A. Woof-ter, District Attorney, and Charles L. Garner, Chief Deputy District Attorney, Clark County, for Respondent.
OPINION
Per Curiam:
Indicted for involuntary manslaughter by the Clark County Grand Jury, appellant sought pretrial habeas relief in the district court. In this appeal from the order denying that relief the central contention is that under NRS 178.562(1) he is not subject to prosecution by indictment because the same charge had previously been dismissed in the justice court.
The controlling issue in this case was discussed at length and resolved by our recent decision in McNair v. Sheriff, 89 Nev. 434, 514 P.2d 1175 (1973); therefore, for the same reasons stated in that opinion, we reverse the order of the district court. Appellant shall be discharged from custody forthwith.
This appeal originated and appellant's brief was filed prior to our decision in McNair.