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96 Nev. 298

Sheriff v. Lyons

Nevada Supreme Court

Decided March 14, 1980

Nevada Supreme Court · decided 1980-03-14

Cited by 4 later decisions — most recently June 2020

4 state decisions

Key passage — most relied on by later courts

“Probable cause to 19 support an information may be based on slight, even 'marginal evidence.”

quoted by 1 later decision, including BELCHER, JR. (NORMAN) VS. STATE (DEATH PENALTY-DIRECT)

Applies NV 465 § 465.080

Relies on Sheriff v. Hodes · State v. Von Brincken · Graham v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-03-14

View the full empirical analysis of this case →

¶1*299OPINION

Per Curiam:

¶2By way of information, respondent was charged with possession of a cheating device, a violation of NRS 465.080.1 Thereafter, respondent petitioned the district court for a pre-trial writ of habeas corpus on the ground that there was insufficient evidence to establish probable cause to bind respondent over for trial. The district court granted the petition and the State appeals therefrom.

¶3At the preliminary examination a casino security agent testified that he observed respondent inserting what was later identified as a “spoon”, a device used for cheating, into a slot machine.

¶4A criminal defendant may be bound over for trial if the evidence adduced is sufficient to establish probable cause that a crime has been committed and the defendant has committed it. State v. von Brincken, 86 Nev. 769, 476 P.2d 733 (1970). “The finding of probable cause may be based on slight, even ‘marginal’ evidence . . . .” Sheriff v. Hodes, 96 Nev. 184, 186, 606 P.2d 178, 180 (1980). The “spoon” possessed by respondent was clearly identified as a device used for cheating slot machines. Thus, we believe the State produced evidence sufficient to establish probable cause. See Graham v. State, 86 Nev. 290, 467 P.2d 1016 (1970).

¶5Reversed.

¶6NRS 465.080(3) provides:

“It is unlawful for any person, not a duly authorized employee of a licensed gaming establishment acting in furtherance of his employment within such establishment, to have on his person or in his possession while on the premises of such establishment any cheating or thieving device, including, but not limited to, tools, wires, drills, coins attached to strings or wires, electronic or magnetic devices to facilitate removing from any slot machine any money or other contents thereof.”
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