State v. Havas

540 P.2d 1060, 91 Nev. 611, 1975 Nev. LEXIS 727

Opinions

OPINION

By the Court,

Mowbray, J.:

Victor Rowland Havas, the respondent, was charged with rape. After a preliminary hearing, he was held to answer the charge in the district court. Thereafter, he petitioned that court for a writ of habeas corpus, which was granted. The State has appealed from the order granting the writ. The sole issue presented for our consideration is whether the record taken before the magistrate establishes “probable cause to believe that an offense [rape] has been committed and that the defendant has committed it.” NRS 171.206. State v. Fuchs, 78 Nev. 63, 368 P.2d 869 (1962); Ervin v. Leypoldt, 76 Nev. 297, 352 P.2d 718 (1960); Raggio v. Bryan, 76 Nev. 1, 348 P.2d 156 (1960); Ex parte Liotard, 47 Nev. 169, 217 P. 960 (1923); In re Kelly, 28 Nev. 491, 83 P. 223 (1905).

After reading the transcript of the proceedings before the magistrate who saw and heard the witness, we conclude, as did the magistrate, that the record shows there was sufficient legal evidence presented at the preliminary hearing establishing probable cause to believe that a public offense, rape, had been committed and that the defendant had committed it. We, therefore, reverse the order of the district judge granting habeas, and we order the defendant to answer in the district court.

Batjer and Zenoff, JJ., concur.