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92 Nev. 111

Cherubini v. Sheriff

Nevada Supreme Court

Decided February 20, 1976

Nevada Supreme Court · decided 1976-02-20

Cited by 3 later decisions — most recently February 1986

3 state decisions

Applies NV 171 § 171.090

Relies on Bonnenfant v. Sheriff

Good law ✅— No negative treatment on recordhow we know

Decided 1976-02-20

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¶1*112OPINION

Per Curiam:

¶2On November 6, 1975, a Clark County Grand Jury returned an indictment which charged that on March 7, 1974, appellants submitted a false or fraudulent insurance claim, a gross misdemeanor under NRS 205.385.

¶3They sought and were denied habeas corpus and in this appeal contend the order of the trial court must be reversed. We agree.

¶4Appellants were not indicted until almost 20 months after the charged offense occurred. NRS 171.090 provides that “[a]n indictment for any misdemeanor must be found, . . . within 1 year after its commission.” Accordingly, their prosecution under NRS 205.385 is precluded. See Bonnenfant v. Sheriff, 84 Nev. 150, 437 P.2d 471 (1968).

¶5Reversed.

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