From Casetext: Smarter Legal Research

Johnstone v. Lamb

Supreme Court of Nevada
Feb 2, 1973
505 P.2d 596 (Nev. 1973)

Opinion

No. 6976

February 2, 1973

Appeal from an order denying writ of habeas corpus, Eighth Judicial District Court, Clark County; Howard W. Babcock, Judge.

Earl and Earl, Anthony M. Earl, of Las Vegas, for Appellant.

Robert List, Attorney General, Carson City; Roy A. Woofter, District Attorney, and Charles L. Garner, Chief Deputy District Attorney, Clark County, for Respondent.


OPINION


Indicted for two counts of murder by the Clark County Grand Jury, appellant sought pre-trial habeas relief in the district court. In this appeal from an order denying that relief, his sole contention is that the evidence submitted to the grand jury was insufficient to establish probable cause.

Contrary to appellant's contention, we believe the district court correctly determined that there was probable cause to believe the charged offenses had been committed and that the defendant had committed them. NRS 171.206. Protracted discussion of the record would serve no useful purpose. Review thereof reveals that such portion of the evidence submitted to the grand jury, not challenged by appellant, is within our holding in Robertson v. Sheriff, 85 Nev. 681, 683, 462 P.2d 528, 529 (1969), in which we said "that presence, companionship, and conduct before and after the offense are circumstances from which one's participation in the criminal intent may be inferred."

Affirmed.


Summaries of

Johnstone v. Lamb

Supreme Court of Nevada
Feb 2, 1973
505 P.2d 596 (Nev. 1973)
Case details for

Johnstone v. Lamb

Case Details

Full title:ROBERT GORDON JOHNSTONE, APPELLANT, v. RALPH LAMB, SHERIFF OF CLARK…

Court:Supreme Court of Nevada

Date published: Feb 2, 1973

Citations

505 P.2d 596 (Nev. 1973)
505 P.2d 596

Citing Cases

Paulette v. Sheriff

The other co-defendant, Robert Gordon Johnstone, also challenged the indictment on the lack of probable…

Merryman v. State

This court has held that presence, companionship, and conduct before and after the offense are circumstances…