Opinion
No. 9213
November 22, 1976
Appeal from the Eighth Judicial District Court, Clark County; Howard W. Babcock, J.
Morgan D. Harris, Public Defender, and George E. Franzen, Deputy, Clark County, for Appellant.
Robert List, Attorney General, Carson City; George E. Holt, District Attorney, and Sherman H. Simmons, Deputy, Clark County, for Respondent.
OPINION
Pursuant to a True Bill returned by a Clark County Grand Jury, an indictment was filed October 23, 1975, which charged that on June 23, 1974, James Cox committed the crime of conspiracy to commit murder, a gross misdemeanor under NRS 199.480.
The offense subsequently achieved felony status. See Stats. of Nev. 1975, ch. 363, p. 509.
Cox sought and was denied habeas corpus and in this appeal he contends the order of the district court must be reversed. We agree.
The indictment was not filed until twenty (20) months after the charged offense occurred. NRS 171.090 provides, in part, that "[a]n indictment for any misdemeanor must be found, . . . within 1 year after its commission." Accordingly, Cox is not subject to prosecution under the indictment. See Cherubini v. Sheriff, 92 Nev. 111, 546 P.2d 598 (1976).
Reversed.