PRESCOTT v. STATE, 85 Nev. 448 (1969)

456 P.2d 450

No. 5624Supreme Court of Nevada.
July 14, 1969

Appeal from an order of the Second Judicial District Court, Washoe County, Emile J. Gezelin, Judge.

Page 449

Martillaro and Bucchianeri, of Carson City, for Appellant.

Harvey Dickerson, Attorney General, William J. Raggio, District Attorney, and Virgil D. Dutt, Deputy District Attorney, Washoe County, for Respondent.

OPINION
Per Curiam:

This is an appeal from an order of the district court denying Prescott’s pre-trial petition for a writ of habeas corpus. His petition did not challenge the jurisdiction of the court, the sufficiency of the evidence to hold him for trial, nor does it assert that a public offense was not charged. He does attack the legality of his arrest, and the admissibility of evidence which he claims to have been secured by an illegal search. Those matters are to be presented by motion. NRS 174.105(1).[1]

Affirmed.

Page 450