SMITH v. FIRST JUDICIAL DISTRICT COURT

No. 4255

347 P.2d 526 (1959)

Rayland SMITH, Petitioner, v. FIRST JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR The COUNTY OF CHURCHILL, and Honorable Richard R. Hanna, Presiding Judge, Respondents.

Supreme Court of Nevada.

December 14, 1959.


Attorney(s) appearing for the Case

Diehl and Recanzone, of Fallon, for petitioner.

Raymond B. Free, Dist. Atty., Churchill County, Fallon, for respondents.


BADT, Justice.

Petitioner seeks a writ of prohibition to prohibit the respondent court and judge from trying him on a charge of first degree burglary. We agree with his contention that the act charged in the information is not within the statutory definition of the felony.

NRS 205.060 defines burglary as follows: "Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel...

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