Opinion
No. 7195
January 14, 1974
Appeal from Eighth Judicial District Court, Clark County; Howard W. Babcock, Judge.
Morgan D. Harris, Public Defender, and Thomas D. Beatty, Chief Deputy Public Defender, Clark County, 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 (NRS 200.010) by the Clark County Grand Jury, appellant sought pretrial habeas relief in the district court. In this appeal from the order denying that relief, he contends (1) he is not subject to prosecution in this state because he is a foreign national; and, (2) the evidence submitted to the grand jury was insufficient to establish probable cause.
Appellant is one of three foreign nationals charged, on the same evidence in a single indictment, with the identical crimes.
One of the co-defendants, Claude Theriault, previously raised the identical issues now raised by Paulette, which we considered and rejected, as being without merit, in Theriault v. Sheriff, 89 Nev. 506, 515 P.2d 397 (1973). The other co-defendant, Robert Gordon Johnstone, also challenged the indictment on the lack of probable cause. We considered and rejected that contention in Johnstone v. Lamb, 89 Nev. 38, 505 P.2d 596 (1973).
Theriault also challenged the jurisdiction of Nevada courts to try a foreign national for a crime committed in this state in an original proceeding in prohibition, filed in this court as case No. 6983. We denied his petition for the extraordinary writ of prohibition in an unreported Order.
The order of the trial court is affirmed.