From Casetext: Smarter Legal Research

Earlywine v. Sheriff

Supreme Court of Nevada
Mar 2, 1978
575 P.2d 599 (Nev. 1978)

Summary

holding that an information charging defendant with involuntary manslaughter must specify the acts of criminal negligence upon which the State relies

Summary of this case from King v. State

Opinion

No. 10303

March 2, 1978

Appeal from order denying pretrial petition for a writ of habeas corpus, Fifth Judicial District Court, Esmeralda County; William P. Beko, Judge.

Skupa Mainor, Las Vegas, and Gary L. Gardner, Salem, Oregon, for Appellant.

Robert List, Attorney General, Carson City; and Alan R. Harter, District Attorney, Esmeralda County, for Respondent.


OPINION


At the conclusion of a preliminary examination, Donald Eugene Earlywine, Jr., was ordered to stand trial for two counts of involuntary manslaughter (NRS 200.070). A pretrial petition for a writ of habeas corpus contended, inter alia, that the information is insufficient to support the charges of involuntary manslaughter. The habeas petition was denied and in this appeal Earlywine argues that we are compelled to reverse. We agree.

In the charging portion of each count of the information, it is alleged that Earlywine operated a vehicle "in an unlawful and criminally negligent manner, to-wit, by operating said vehicle with wilfull [ sic] or wanton disregard for the safety of persons or property in that the Defendant despite the existence of a special hazard with respect to pedestrians or other traffic, or as was necessary to avoid colliding with another vehicle, failed to maintain the duty to use due care, and did thereby cause or allow his vehicle to strike a 1966 Chevrolet vehicle . . . resulting in injury. . . ."

The quoted language is, at best, conclusory and insufficient to charge the alleged crime. See NRS 173.035(3) which provides, in part, that "[a]ll informations shall set forth the crime committed according to the facts." See also Bielling v. Sheriff, 89 Nev. 112, 113, 508 P.2d 546 (1973), where we said: "In order to properly charge appellant with the offense of involuntary manslaughter, the information must specify the acts of criminal negligence upon which the state is relying to try to obtain a conviction." Cf. Simpson v. District Court, 88 Nev. 654, 503 P.2d 1225 (1972).

Accordingly, we reverse without prejudice to the right of the prosecution to institute a new and sufficient accusation within fifteen (15) days after remittitur issues.


Summaries of

Earlywine v. Sheriff

Supreme Court of Nevada
Mar 2, 1978
575 P.2d 599 (Nev. 1978)

holding that an information charging defendant with involuntary manslaughter must specify the acts of criminal negligence upon which the State relies

Summary of this case from King v. State
Case details for

Earlywine v. Sheriff

Case Details

Full title:DONALD EUGENE EARLYWINE, JR., APPELLANT, v. SHERIFF, ESMERALDA COUNTY…

Court:Supreme Court of Nevada

Date published: Mar 2, 1978

Citations

575 P.2d 599 (Nev. 1978)
575 P.2d 599

Citing Cases

Vazquez-Rosas v. Eighth Judicial Dist. Court of State

Jennings v. State, 116 Nev. 488, 490, 998 P.2d 557, 559 (2000) ; see NRS 173.075(1) (“The indictment or the…

Sheriff v. Standal

Bielling v. Sheriff, 89 Nev. 112, 508 P.2d 546 (1973). Conclusory allegations are insufficient. Earlywine v.…