Opinion
No. 8125
March 24, 1975
Appeal from Fifth Judicial District Court, Mineral County; Kenneth L. Mann, Judge.
Horace R. Goff, State Public Defender, and Gary D. Armentrout, Deputy, Carson City, for Appellant.
Robert List, Attorney General, Carson City; Larry G. Bettis, District Attorney, Mineral County, for Respondent.
OPINION
This appeal challenges the sufficiency of the evidence to warrant prosecution of appellant for possession of marijuana. The only probative or demonstrable evidence of record, suggesting that contraband even existed in proximity to appellant, are three photographs a police officer took of a plant growing in a garden at the home of appellant's father, with whom appellant resides.
Deeming this evidence insufficient to hold appellant for trial, we reverse, with instructions to grant a writ of habeas corpus.