Opinion
No. 7130
July 2, 1973
Appeal from an order denying pre-trial writ of habeas corpus, Eighth Judicial District Court, Clark County; Carl J. Christensen, Judge.
Morgan D. Harris, Public Defender, and Jeffrey D. Sobel, Deputy Public Defender, Clark County, for Appellant.
Robert List, Attorney General, Carson City; Roy A. Woofter, District Attorney, and Charles L. Garner, Deputy District Attorney, Clark County, for Respondent.
OPINION
On appeal from an order denying pre-trial habeas relief, appellant contends probable cause was not shown for the grand jury to hold her for trial.
Evidence in the record indicates that appellant sold an undercover agent 10 capsules of Lysergic acid diethylamide (LSD), an act proscribed by NRS 453.161(4)(i). Evidence also indicates appellant represented this contraband to be Mescaline, the sale of which is equally criminal. NRS 453.161 (4)(k). Thus, evidence presented to the grand jury indicated that appellant knew the contraband she sold had a "narcotic character." See Overton v. State, 78 Nev. 198, 370 P.2d 677 (1962). Cf. Woerner v. State, 85 Nev. 281, 453 P.2d 1004 (1969).
Effective January 1, 1972, both Mescaline and Lysergic acid diethylamide are classified as "controlled substances" rather than narcotics. See Stats. of Nev. 1971, ch. 667, p. 1999 et seq.
"The standard of probable cause is satisfied if the person against whom an indictment is sought, either directly, or by necessary implication, represents that the substance he is selling is [a controlled substance]." Glosen v. Sheriff, 85 Nev. 145, 148, 451 P.2d 841, 842 (1969). The trial court correctly determined that the standard was met, and its order is affirmed.