State v. Calloway

Supreme Court of Louisiana
State v. Calloway, 248 La. 695 (La. 1966)
181 So. 2d 397; 1966 La. LEXIS 2384
Granted, Hamiter, McCaleb, Prayed, Should, Summers, That

State v. Calloway

Opinion of the Court

In re: State of Louisiana applying for writs of certiorari, prohibition and mandamus.

The application is denied. On the showing made we are not justified in exercising our supervisory jurisdiction; however, the State is reserved the right to submit further evidence as a predicate for the admissibility of the confession; as well as rebut any evidence offered by the defendant, and to show all the facts surrounding the giving of the confession. In the event of an adverse ruling as to the admissibility of the confession the State is reserved the right to renew its application.

HAMITER, J., is of the opinion that the relief prayed for by the State should be granted.

Concurring Opinion

McCALEB, J.,

concurs in the rulings, ex-

cept in the reservation to the State to renew its application to this Court in the event the trial judge excludes the confession.

SUMMERS, J., is of the opinion that the writ should be granted.

Reference

Full Case Name
STATE of Louisiana v. Ray CALLOWAY
Status
Published