FRED LEOPOLD FEIBEL and JAMES ARTHUR McCULLY, Appellants, v. SHERIFF, ESMERALDA COUNTY, NEVADA, Respondent
Feibel v. Sheriff
FRED LEOPOLD FEIBEL and JAMES ARTHUR McCULLY, Appellants, v. SHERIFF, ESMERALDA COUNTY, NEVADA, Respondent.
FRED LEOPOLD FEIBEL and JAMES ARTHUR McCULLY, Appellants, v. SHERIFF, ESMERALDA COUNTY, NEVADA, Respondent.
No. 8644
February 27, 1976
546 P.2d 1003
Harry E. Claiborne and James J. Brown, Las Vegas, for Appellants.
Robert List, Attorney General, Carson City; and Alan R. Harter, District Attorney, Esmeralda County, for Respondent.
OPINION
Per Curiam:
This appeal challenges the sufficiency of the evidence to warrant prosecution of Fred Leopold Feibel and James Arthur McCulIy for the crime of unlawfully employing, inducing or using a minor to transport or carry a controlled substance (marijuana), a felony under NRS 453.401(2).
The only probative evidence of record, suggesting such a crime occurred, is that after an automobile (camper) accident appellant McCully placed a quantity of marijuana in his eleven (11) year old son's suitcase, which contained clothes belonging to both McCully and to his son; and, that McCulIy then placed the suitcase in an inconspicuous place beneath a bed in the camper.
Deeming this evidence insufficient to hold Feibel and McCulIy for trial on the charged offense, we reverse with instructions to grant the petition for a writ of habeas corpus, without prejudice to such rights as the state may have to initiate other proper charges. Cf. Hammond v. Sheriff, 91 Nev. 176, 532 P.2d 1030 (1975).